Demarest v. . Wickham
New York Court of Appeals
Appeal from a judgment of the General Term of the Supreme Court, in the first judicial department, affirming a judgment in favor of defendant, entered upon an order sustaining demurrer to plaintiffs’ complaint. (Reported below, 4 Hun, 627.) The complaint in the action alleged in substance, among other things, that an act was passed by the Legislature April 30, 1873, by its terms abolishing the board of assistant aider-men of the city of New York.
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Appeal from a judgment of the General Term of the Supreme Court, in the first judicial department, affirming a judgment in favor of defendant, entered upon an order sustaining demurrer to plaintiffs’ complaint. (Reported below, 4 Hun, 627.) The complaint in the action alleged in substance, among other things, that an act was passed by the Legislature April 30, 1873, by its terms abolishing the board of assistant aider-men of the city of New York. (Chap. 335, Laws of 1873.) That an act amending said act was passed June 13, 1873, declaring that the aldermen in said city should be elected on the…
1Opinion of the CourtAndrews, J.
There are decisive reasons against the plaintiffs’ maintaining "this action upon their own statement and theory of the facts and law set forth in the complaint.
If the provision in the act of 1873 (chap. 335) for the election of aldermen in the city of Hew York upon the principle of minority representation, is unconstitutional and void, for the reason that it deprives the electors of a constitutional right to vote for all the aldermen to be elected in the district in which the electors resided, and for all the aldermen to be elected at large, and the election held thereunder in the fall of…
2Cases cited1 opinion
- Doolittle v. . Supervisors of Broome CountyNew York Court of Appeals · 1858
3Cited by16 opinions
- Newman v. United States Ex Rel. FrizzellSupreme Court of the United States · 1915
- People Ex Rel. Miller v. FullenwiderIllinois Supreme Court · 1928
- Rathbone v. WirthAppellate Division of the Supreme Court of the State of New York · 1896
- O'Brien v. Members of the Board of AldermenSupreme Court of Rhode Island · 1892
- City of Christine v. JohnsonCourt of Appeals of Texas · 1923
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