People, Ex Rel. Weller v. . Townsend
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court, in the second judicial department, entered upon an order made February 19, 1886, which directed judgment upon a case submitted under section 1279 of the Code of Civil Procedure. (Reported below, 40 Hun, 360.) The material facts are stated in the opinion. The only term of office fixed by law in the counties where a surrogate is a separate officer is six years. (Const. of 1846, art. 6; People, ex rel.
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Appeal from judgment of the General Term of the Supreme Court, in the second judicial department, entered upon an order made February 19, 1886, which directed judgment upon a case submitted under section 1279 of the Code of Civil Procedure. (Reported below, 40 Hun, 360.) The material facts are stated in the opinion. The only term of office fixed by law in the counties where a surrogate is a separate officer is six years. (Const. of 1846, art. 6; People, ex rel. Rosenkranz, v. Carr, 86 N. Y. 512, 515.) The language of •the constitutional or statutory provision is to prevail, except in cases…
1Opinion of the Court
Huger, Gh. J.
The only question presented by this appeal is whether the defendant, who was elected surrogate of Queens county at a general election in November, 1880, is entitled to a full term of six years from January first succeeding' his election, or is limited to filling out the unexpired term of his predecessor. Alexander Hagner was elected surrogate of the county in November, 1879, for a term of six years from January 1, 1880, but after holding the office about three months, died April 8, 1880, and was succeeded by G-arret J. Garretson under an appointment from the governor “for and…
2Cases cited7 opinions
- Sage v. . City of BrooklynNew York Court of Appeals · 1882
- People Ex Rel. Fowler v. BullNew York Court of Appeals · 1871
- People, Ex Rel. Mason v. . McClaveNew York Court of Appeals · 1885
- Ex parte Harrington & Hubbell v. Trustees of the Village of RochesterNew York Supreme Court · 1833
- The People v. . KeelerNew York Court of Appeals · 1858
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3Cited by20 opinions
- Clark v. State, ex rel. GravesSupreme Court of Alabama · 1912
- Roher v. DinkinsNew York Court of Appeals · 1973
- Roher v. DinkinsAppellate Division of the Supreme Court of the State of New York · 1972
- Matter of Larocca v. FlynnNew York Court of Appeals · 1931
- Hoke v. RichieCourt of Appeals of Kentucky · 1896
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