People v. Loomis
New York Supreme Court
This was an information, in the nature of a quo warranto, filed by the attorney-general, on the relation of A. Swan and three other persons, claiming to have been elected constables of the town of Verona, in the county of Oneida, on the .first Tuesday of March, 1830, for the year then ensuing.
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This was an information, in the nature of a quo warranto, filed by the attorney-general, on the relation of A. Swan and three other persons, claiming to have been elected constables of the town of Verona, in the county of Oneida, on the .first Tuesday of March, 1830, for the year then ensuing. The information filed in July, 1830, charges J. E. Loomis and three other persons with jointly and severally using and exercising the offices of constables of Verona, they jointly and severally claiming, without any legal election, &c. to be constables of such town, and to have, use and enjoy all the…
1Opinion of the Court
By the Court, Nelson, J.
The town meeting of the town of Verona, in Oneida county, in March, 1830, resolved, in pursuance of the statute, to limit the number of constables for that year to four. The defendants whom the presiding officers of the town meeting determined were duly elected, it is conceded, had not a majority of votes over the relators, unless there are counted for them 176 ballots, on each of which were five names. The correctness of the decision of the presiding • officers depends upon the allowance of these ballots. There is one unanswerable objection to the admission of these…
2Cited by16 opinions
- People v. CookNew York Supreme Court · 1852
- Misch v. RussellIllinois Supreme Court · 1891
- People ex rel. Speed v. HartwellMichigan Supreme Court · 1864
- People, ex rel. Eastman v. SeamanNew York Supreme Court · 1848
- People ex rel. Drew v. RodgersCalifornia Supreme Court · 1897
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