Legal Opinion

People Ex Rel. Angerstein v. Kenney

New York Court of Appeals

Decided June 17, 1884PublishedCited by 32 opinions

Appeal from judgment of the General Term of the'Supreme Court, in the first judicial department, entered upon an order made February 2, 1883, which affirmed a judgment in favor of defendants, entered upon a decision of the court on trial without a jury. The nature of the action and the material facts are stated in the opinion.

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Appeal from judgment of the General Term of the'Supreme Court, in the first judicial department, entered upon an order made February 2, 1883, which affirmed a judgment in favor of defendants, entered upon a decision of the court on trial without a jury. The nature of the action and the material facts are stated in the opinion. Section 4 of chapter 335, Laws of 1873, is unconstitutional and void, as seeldng or attempting to establish a so-called “ minority system,” and to deprive the voter of his constitutional right to vote for “ all officers that may be elected by the people.” (Const, of…

1Opinion of the CourtEabl, J.

It was provided by the act chapter 137 of the Laws of 1870, as amended by the act chapter 574 of the Laws of 1871, that the board of aldermen of the city of Hew York should consist of fifteen members, to be elected upon a general j ticket from the city at large at the general election in Ho vein- / ber, and hold office for two years.

It was provided by section 4 of chapter 335 of the Laws of 1873, as amended by chapter 400 of the Laws of 1878, as follows: “ The board of aldermen now in office shall hold office until the first Monday in January in the year of 1879, the same being the term for…

2Cases cited3 opinions

  1. People Ex Rel. Fowler v. BullNew York Court of Appeals · 1871
  2. Maize v. StateIndiana Supreme Court · 1853
  3. Mayor of Hagerstown v. DechertCourt of Appeals of Maryland · 1870

3Cited by32 opinions

  1. State v. BeckerSouth Dakota Supreme Court · 1892
  2. People v. McMurchyMichigan Supreme Court · 1930
  3. State ex rel. Lamar v. DillonSupreme Court of Florida · 1893
  4. Johnson v. City of New YorkNew York Court of Appeals · 1937
  5. New York & Long Island Bridge Co. v. SmithNew York Court of Appeals · 1896

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