CASES IN THE SUPREME COURT OF NEW YORK. PEOPLE EX REL. SWAN v. LOOMIS. [8 WENDELL, 396.] BALLOTS AT A TOWN MEETING CONTAINING MORE NAMES of candidates for constables than the number which the meeting has decided to elect, are illegal and must be rejected. WHERE THE TERM OF OFFICE HAS EXPIRED BEFORE QUO WARRANTO is applied for, or will expire before trial, the application will be denied. WHERE THE TERM EXPIRES AFTER INFORMATION in the nature of quo warranto, but before judgment, such judgment will nevertheless be rendered, as the prevailing party is entitled to costs. INFORMATION in the nature of a quo warranto, filed in July 1830, on the relation of Swan and others claiming to have been elected constables of the town of Verona, at the town meeting held in March, 1830, for the year ensuing. Pleas by the defendants separately, each claiming for himself to have been elected constable for that year. Issues were joined on a reply to each plea, which were tried in April, 1831, and the jury found a special verdict stating the facts as to the election, and also that the defendants had entered upon and exercised the duties of town constables for said year. The facts relating to the election are sufficiently stated in the opinion. Greene C. Bronson, attorney-general, and W. C. Noyes, for the relators. S. Beardsley, for the defendants. By Court, NELSON, J. The town meeting of the town of Verona, in Oneida county, in March, 1830, resolved, in pursuance of the statute, to limit the number of constables for that AM. DEC. VOL. XXIV-3 |