People Ex Rel. Lardner v. . Carson
New York Court of Appeals
Appeal from a judgment of the late General Term of the Supreme Court in the fifth judicial department, entered June 27, 1895, affirming a judgment in favor of defendant entered upon a decision of the court on trial at Circuit, a jury having been waived. The nature of the action and the facts, so far as material, are stated in the opinions.
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Appeal from a judgment of the late General Term of the Supreme Court in the fifth judicial department, entered June 27, 1895, affirming a judgment in favor of defendant entered upon a decision of the court on trial at Circuit, a jury having been waived. The nature of the action and the facts, so far as material, are stated in the opinions. So much of section 18 of title 9 of chapter 365 of Laws of 1865, and section 269 of chapter 120 of Laws of 1886, as authorize the inhabitants of the town of Lockport to vote at general elections at polling places situated in the city is repugnant to the…
1Opinion of the CourtO’Brien, J.
The purpose of this action was to oust the defendant from the office of superintendent of the poor of the county of Niagara, and to install in that office the relator, who is the real plaintiff in the action. The relator claims that he was elected to that office at the general election held in November, 1892, and that the defendant is an intruder. The term of the office has long since expired, and all the effect our decision can have is possibly to lay the foundation of another suit by the relator for the salary.
There is no dispute about the facts. Of the votes cast at the election the…
2Cases cited5 opinions
- The People v. . CookNew York Court of Appeals · 1853
- People v. . McKaneNew York Court of Appeals · 1894
- People, Ex Rel. Woods v. . CrisseyNew York Court of Appeals · 1883
- People Ex Rel. Angerstein v. KenneyNew York Court of Appeals · 1884
- Demarest v. Mayor of New YorkNew York Court of Appeals · 1895
3Cited by15 opinions
- People ex rel. Agnew v. GrahamIllinois Supreme Court · 1915
- Goodell v. Judith Basin CountyMontana Supreme Court · 1924
- Board of Registration Com'rs. v. CampbellCourt of Appeals of Kentucky (pre-1976) · 1933
- Stefanik v. HochulNew York Court of Appeals · 2024
- Kerlin v. City of Devils LakeNorth Dakota Supreme Court · 1913
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