Finding #1230 recovers Seneca Nation of Indians v. John, 27 Abb. N.C. 253–265 (Erie Special Term, July 1891). After the May 1891 presidential election placed Thomas Kennedy in office, predecessor Andrew John Jr. claimed Kennedy’s assault conviction made him ineligible and sought to hold over.
Justice Daniels refused to dissolve a preliminary injunction restraining John from acting as president: Kennedy was at least a de facto officer under a canvassed election, and lawful title had to be tested in a direct Code §1948 proceeding — not by rival exercise of office. Interim order only; not a final certificate of de jure eligibility.
Separations: 1868 vs 1862 constitution claims are the court’s period treatment, not inspected Nation texts; burned meeting-house poll used customary substitute; later Seneca Nation v. Jimeson (1909, #1231) relied on this ruling in a different contest. Kennedy ≠ Nathaniel Kennedy (1889).
Source: 1891-seneca-nation-john-kennedy-election-injunction.
sol1230electionde-facto