People ex rel. Holmes v. Lane
Appellate Division of the Supreme Court of the State of New York
Appeal by the relator, Homer 0. Holmes, from a judgment and order .of the Supreme Court in favor of the defendants, entered in the office of the clerk of the county of Monroe on the 6th day of April, 1900, upon the decision of the court, rendered after a trial at the Monroe Special Term, overruling his demurrer to a return made by the defendants to an alternative writ of mandamus. William F. Lynn, for the appellant.
1Opinion of the Court
Spring, J.:
The village of Brockport was incorporated pursuant to the Village Law, containing about 5,000 inhabitants, and comprises a part of the town of Sweden, in the county of Monroe. The population of the town is about 6,000. By the original Village Law (§ 17, tit. 3, chap. 291, Laws of 1870, as amd. by chap. 688, Laws of 1871) the trustees of any village containing a population of 3,000 or upwards may direct the election of a police justice with “ the same power and jurisdiction in criminal cases which justices of the peace now by law have.” This section was amended by chapter 169 of the…
2Cases cited13 opinions
- People Ex Rel. Burby v. . HowlandNew York Court of Appeals · 1898
- In the Matter, Etc., Village of MiddletownNew York Court of Appeals · 1880
- Curtin v. . BartonNew York Court of Appeals · 1893
- Duryee v. . Mayor, Etc., of N.Y.New York Court of Appeals · 1884
- The People Ex Rel. Sinkler v. . TerryNew York Court of Appeals · 1888
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3Cited by2 opinions
- People v. GazulisCity of New York Municipal Court · 1961
- Davis v. O'Day, New York County Courts1912