People ex rel. Harvey v. Cannon

Appellate Division of the Supreme Court of New York

People ex rel. Harvey v. Cannon

54 N.Y.S. 1112

CourtAppellate Division of the Supreme Court of the State of New York

DecidedNovember 29, 1898

StatusPublished

This text of 54 N.Y.S. 1112 (People ex rel. Harvey v. Cannon) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

People ex rel. Harvey v. Cannon, 54 N.Y.S. 1112 (N.Y. Ct. App. 1898).

Pincite

Opinion

PER CURIAM.

We are of the opinion that the special term was required to decide the rights of the relator, even though William H. Winnie, who is alleged to be present incumbent of the office, was not a party to the proceeding, and that its order denying such determination until said incumbent was brought into the proceeding was erroneous. The final order is reversed, and proceedings remitted to the special term for decision and judgment; costs to abide the final award of costs.

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PER CURIAM.

We are of the opinion that the special term was required to decide the rights of the relator, even though William H. Winnie, who is alleged to be present incumbent of the office, was not a party to the proceeding, and that its order denying such determination until said incumbent was brought into the proceeding was erroneous. The final order is reversed, and proceedings remitted to the special term for decision and judgment; costs to abide the final award of costs.

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Bluebook (online)

54 N.Y.S. 1112, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-ex-rel-harvey-v-cannon-nyappdiv-1898.