Ex parte Quackenbush

Decided January 15, 1842

New York Supreme Court · decided 1842-01-15

The relator obtained judgment before J. L. Stevens, who was elected to the office of justice of the peace of the town of Cicero, Onondaga county, at a special town meeting called by the town clerk to supply a vacancy in the said office occasioned by the resignation of Mr. Walkup. The meeting was called within eight days after the resignation, and held on the 29th April, 1841, several weeks after the annual town election.

Decided 1842-01-15

¶1By the Court,

Cowen, J.

¶2I have considered the question presented, and am of opinion that the language of the clause amending the constitution withholds power from the legislature to provide for the election of justices of the peace except at the times of the annual town elections, as these shall be fixed by law. The words 11 in such manner,” &c. have no reference to time, but only to the mode of balloting, &c. Nor do I think the statutes cited by Mr. Lawrence were intended to authorize the calling of special town meetings to elect justices.

¶3Motion denied.