Welker v. . Lathrop
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the fourth judicial department, entered April 1, 1912, affirming a judgment in favor of defendants entered upon the report of a referee. The nature of the action and the facts, so far as material, are stated in the opinion.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the fourth judicial department, entered April 1, 1912, affirming a judgment in favor of defendants entered upon the report of a referee. The nature of the action and the facts, so far as material, are stated in the opinion. Even though an irregularity in the proceedings of the meeting did occur, the decision of the chairman of the meeting is final and conclusive, until disturbed by an appeal or by a direct action brought for that purpose. (Hutchinson v. Skinner, 21 Misc. Rep. 734; Smith v. Proctor, 130 N. Y. 322; Matter…
1Opinion of the CourtCuddeback, J.
The controversy in this action arises over the rival claims of the plaintiff Humphrey and the defendant Lathrop to the office of school trustee. At the annual school meeting the voters present proceeded to elect a trustee to take the place of the defendant Lathrop, whose term of office had expired. The plaintiff Humphrey received a majority of the votes cast. A motion was then adopted to proceed to a formal ballot for trustee, and thereupon a second ballot was taken on which the defendant Lathrop received a majority of the votes cast. The contention of the plaintiff is that Humphrey was…
2Cases cited3 opinions
- In Re SawyerSupreme Court of the United States · 1888
- White v. BerrySupreme Court of the United States · 1898
- People Ex Rel. Corscadden v. . HoweNew York Court of Appeals · 1904
3Cited by8 opinions
- Bullock v. . CooleyNew York Court of Appeals · 1919
- Barringer v. . PowellNew York Court of Appeals · 1920
- Brierley v. WalshMassachusetts Supreme Judicial Court · 1938
- Craig v. Board of EducationNew York Supreme Court · 1940
- Harman v. Board of EducationNew York Supreme Court · 1948
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