People ex rel. Howard v. Board of Supervisors
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendants,.. The Board of Supervisors of the County of Erie, John Eimer as chairman, and Hiel McCloskey as clerk of said board, from an order of the Supreme Court, made at the Erie Special Term, and entered in the office of the clerk of the county of Erie on the 6th day of February, 1899, directing that a peremptory writ of mandamus issue commanding the defendants to -place upon the roll of members of said board the name of Frederick Howard, as supervisor from…
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Appeal by the defendants,.. The Board of Supervisors of the County of Erie, John Eimer as chairman, and Hiel McCloskey as clerk of said board, from an order of the Supreme Court, made at the Erie Special Term, and entered in the office of the clerk of the county of Erie on the 6th day of February, 1899, directing that a peremptory writ of mandamus issue commanding the defendants to -place upon the roll of members of said board the name of Frederick Howard, as supervisor from the twenty-fourth ward of the city of Buffalo, and to recognize him as a member of said board and to .allow him to…
1Opinion of the Court
McLennan, J.:
The material facts upon this appeal are not disputed.
At a general election held in November, 1897, one Thomas Tilson was elected supervisor from the twenty-fourth ward of the city of Buffalo for the term of two years, beginning January 1, 1898, and -ending January 1, 1900: He duly qualified and entered upon the discharge of the duties of his office, and continued to perform such duties until the 31st day of March, 1898, when he died. On the 7th day of April, 1898, the common council of the city of Buffalo, acting under the authority conferred by its charter, duly elected one…
2Cases cited3 opinions
- The People Ex Rel. Kelly v. . Common CouncilNew York Court of Appeals · 1879
- Ætna Insurance v. Mayor of New YorkNew York Court of Appeals · 1897
- People Ex Rel. Bradley v. . ShawNew York Court of Appeals · 1892
3Cited by17 opinions
- Schlobohm v. Municipal Housing AuthorityAppellate Division of the Supreme Court of the State of New York · 1946
- Ahern v. Board of SupervisorsAppellate Division of the Supreme Court of the State of New York · 1959
- Cort v. SmithAppellate Division of the Supreme Court of the State of New York · 1936
- People Ex Rel. Ward v. . ScheuNew York Court of Appeals · 1901
- People ex rel. Conklin v. BoyleNew York Supreme Court · 1917
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