People Ex Rel. Joyce v. . Brundage
New York Court of Appeals
Appeal from, judgment of the General Term of the Supreme Court, in the fourth judicial department, affirming a judgment in favor of defendant, entered upon a decision of the court on trial without a jury. This action was in the nature of a quo warranto, to determine the title to the 'office of comity judge of Niagara county.
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Appeal from, judgment of the General Term of the Supreme Court, in the fourth judicial department, affirming a judgment in favor of defendant, entered upon a decision of the court on trial without a jury. This action was in the nature of a quo warranto, to determine the title to the 'office of comity judge of Niagara county. The relator claimed under an appointment by the governor made March 8, 1879. Defendant claimed under an election at the general election held in November, 1878. The facts appear sufficiently in the opinion. The provision of the constitution that no person shall hold the…
1Opinion of the Court
Chüech, Ch. J.
It was suggested on the argument that an early decision of this case is desirable, to enable the electors of Niagara county to fill the office of county judge at the ensuing election, if the decision should be adverse to the defendant. We have therefore given the case as full an examination and consideration since the argument, as the limited time intervening would permit.
Levi F. Bowen was elected county judge in November, 1873, and entered upon the duties of his office January 1, 1874. He arrived at seventy years of age in November, 1878. The defendant was elected county judge…
2Cases cited2 opinions
- People ex rel. Gallup v. GreenNew York Supreme Court · 1829
- People Ex Rel. Davis v. GardnerNew York Court of Appeals · 1871
3Cited by30 opinions
- New York Public Interest Research Group, Inc. v. SteingutNew York Court of Appeals · 1976
- State ex rel. Shaw v. WareOregon Supreme Court · 1886
- Anderson v. ReganNew York Court of Appeals · 1981
- State ex inf. Major ex rel. Sikes v. WilliamsSupreme Court of Missouri · 1909
- Clark v. State, ex rel. GravesSupreme Court of Alabama · 1912
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