In re Buhler
New York Supreme Court
Application for a writ of mandamus against Hon. Burt J ay Humphries, County Judge of Queens County, to compel him to reinstate the petitioner in the office of crier .to the courts of record in the said county, and to permit him to perform the duties of'the said office.
1Opinion of the Court
Gaynor, J.:
The petitioner was appointed crier of the courts of record of Queens county by the County Judge, under section 91 of the Code of Civil Procedure, and served as such until January 2nd, 1904, when he was removed without charges by the respondent, who is County Judge. He was a public officer (Throop on Pub. Officers, ch. 1; Rowland v. Mayor, 83 N. Y. 372). He claims that he is irremovable except on charges and after a hearing because he is a veteran fireman. But he is ineligible to the office. He does not reside in Queens county but in ¡Nassau county. He was a resident of Queens…
2Cases cited2 opinions
- Rowland v. . Mayor, Etc., City of New YorkNew York Court of Appeals · 1880
- People ex rel. Grogan v. GlassAppellate Division of the Supreme Court of the State of New York · 1897
3Cited by1 opinion
- Daniman v. Board of EducationNew York Court of Appeals · 1954