Majority
p. 563The People of the State of New York ex rel. Isaiah Perkins, Appellant, v. Alfred Pelcher, Respondent. (Argued December 16, 1913; decided February 3, 1914.)
Headnote
Appeal from a judgment of the Appellate Division of the Supreme Court in the third judicial department, entered September 18,- 1913, affirming a judgment in favor of defendant entered upon a decision of the court at a Trial Term without a jury in an action to determine in whom rested title to the office of supervisor of the town of Lake Pleasant.Clarence W. Smith for appellant.
Frank Talbot and Eugene D. Scribner for respondent.
p. 564
Judgment affirmed, with costs; no opinion.
Concur: Werner, Hiscock, Chase, Collin and Cuddeback, JJ. Willard Bartlett, J., votes to reverse and direct judgment for plaintiff on authority of People ex rel. Fowler v. Bull ( 46 N. Y. 67 ) and People ex rel. Burger v. Blair ( 21 App. Div. 213 ; affd., 154 N. Y. 734 ).
Cases cited
- People ex rel. Burger v. Blair 21 App. Div. 213 p. 564
- People ex rel. Burger v. Blair 154 N. Y. 734 p. 564