New York Court of Appeals
The People v. . Carpenter.
December 5, 186124 N.Y. 86
Summary
The Court affirmed the lower court's dismissal, holding that the town of Afton had been lawfully created by the board of supervisors under the 1849 act and that a quo warranto action is the proper vehicle to determine the existence of the town and its supervisor's office. It further held that the statutory notice requirements are directory, not conditions precedent, and that challengers bear the burden of disproving compliance.