McRoberts v. Winant

New York Supreme Court

McRoberts v. Winant

15 Abb. Pr. 210

DecidedFebruary 15, 1874

StatusPublished

This text of 15 Abb. Pr. 210 (McRoberts v. Winant) is published on Counsel Stack Legal Research, covering New York Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

McRoberts v. Winant, 15 Abb. Pr. 210 (N.Y. Super. Ct. 1874).

Pincite

Opinion

J. F. Barnard, J.

Held that the statute must not be so construed as to defeat the will of the people as expressed at the election, and that the provision fixing the time for filing the bond might be held to be. directory. The bond having been approved by the supervisors, and filed in the clerks office, although after the time prescribed therefor, was a valid bond, and authorized McRoberts to take the office. That notwithstanding 1 Rev. Stat., p. 412, § 34, the defendant could not contest McRobert’s title, as he did not come within the statute authorizing officers to hold over.

Order for delivery of books, &c., granted.

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J. F. Barnard, J.

Held that the statute must not be so construed as to defeat the will of the people as expressed at the election, and that the provision fixing the time for filing the bond might be held to be. directory. The bond having been approved by the supervisors, and filed in the clerks office, although after the time prescribed therefor, was a valid bond, and authorized McRoberts to take the office. That notwithstanding 1 Rev. Stat., p. 412, § 34, the defendant could not contest McRobert’s title, as he did not come within the statute authorizing officers to hold over.

Order for delivery of books, &c., granted.

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Bluebook (online)

15 Abb. Pr. 210, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mcroberts-v-winant-nysupct-1874.