People v. Thomas
New York Supreme Court
THE foEowing are the facts out of which the present controversy arose. At the annual town meeting and election held in and for the town of Florence, in or about the month of March, 1859,. for the purpose of electing the town officers of said town, the defendant was duly elected to the office of supervisor of said town, for the term of one year thence following, and he duly qualified therefor and entered upon the discharge of his. duties as such supervisor, and has continued…
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THE foEowing are the facts out of which the present controversy arose. At the annual town meeting and election held in and for the town of Florence, in or about the month of March, 1859,. for the purpose of electing the town officers of said town, the defendant was duly elected to the office of supervisor of said town, for the term of one year thence following, and he duly qualified therefor and entered upon the discharge of his. duties as such supervisor, and has continued to discharge the same till the present time. At the next annual town meeting and election held in and for said town, to…
1Opinion of the Court
By the Court,
Morgan, J.
The intention of the statute is plain that the vacancies specified in § 34 (1 R. S. 348,) should be filled by the electors, or at least that the clerk should give them an opportunity to fill them. His neglect to give the notice is not the neglect of the electors. It may be questionable whether the justices can take advantage of the neglect of the clerk, to fill a vacancy which the electors have had no opportunity to supply. I do not think the statute intended to provide for any such default, although the language may compel the court to treat it as such. But if there…
2Cited by8 opinions
- Wood v. Town of WhitehallNew York Supreme Court · 1923
- State ex rel. Oakey v. FowlerSupreme Court of Connecticut · 1895
- Parrish v. Town of AdelSupreme Court of Georgia · 1915
- People ex rel. Shirey v. PearsonNew York Supreme Court · 1923
- Garside v. City of CohoesNew York Supreme Court · 1890
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