People ex rel. Miller v. Mynderse
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Herman V. Mynderse, from a judgment of the Supreme Court in favor of the relator, entered in the office of the clerk of the county of Schenectady on the 3d day of June, 1910, upon the decision of the court, rendered after a trial at the Schenectady Trial Term before the court without a jury, awarding the relator the office of president of the village of Scotia.
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Appeal by the defendant, Herman V. Mynderse, from a judgment of the Supreme Court in favor of the relator, entered in the office of the clerk of the county of Schenectady on the 3d day of June, 1910, upon the decision of the court, rendered after a trial at the Schenectady Trial Term before the court without a jury, awarding the relator the office of president of the village of Scotia. At the annual election of the village officers of Scotia on the 15th day of March, 1910, the relator was a candidate for the office of president of. the village, received the greater number of votes therefor,…
1Opinion of the Court
Kellogg, J. :
Section 42 .of the Village Law is entitled “ Eligibility to office,” and provides that the president and certain other village officers must have at the time of the election certain property qualifications ; that any resident elector is eligible to any other village office; that a resident woman, twenty-one years of age and a citizen, is eligible to the office of village clerk or deputy clerk. It then provides : “A person shall not hold two village offices at the same time except the offices of collector and police constable or water and light commissioner, and except that…
2Cases cited1 opinion
- People v. . PurdyNew York Court of Appeals · 1897
3Cited by5 opinions
- Matter of Clancy v. SloanNew York Court of Appeals · 1937
- Burns v. WiltseNew York Court of Appeals · 1951
- In re ClancyAppellate Division of the Supreme Court of the State of New York · 1936
- Informal Opinion No., New York Attorney General Reports1984
- Informal Opinion No., New York Attorney General Reports1984