People Ex Rel. Eldred v. . Palmer
New York Court of Appeals
Appeal from an order of the Appellate Division of the Supreme Court in the second judicial department, entered October 6, 1897, which reversed an order of Special Term denying relator’s motion for a peremptory writ of mandamus. The facts, so far as material, are stated in the opinion.
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Appeal from an order of the Appellate Division of the Supreme Court in the second judicial department, entered October 6, 1897, which reversed an order of Special Term denying relator’s motion for a peremptory writ of mandamus. The facts, so far as material, are stated in the opinion. In the absence of any legislation of any sort relating to the office of district attorney in the county of Kings, subsequent to January 1, 1895, the term of office of Mr. Backus, who was elected in November, 1895, would not expire until the 31st day of December, 1899. Still more, there will be no expiration of…
1Opinion of the Court
Andrews, Ch. J.
This proceeding was instituted to obtain an order requiring the secretary of state to include in his notices among the names of the officers to be voted for at the ensuing election for the county of Kings that of district attorney. The sole question relates to the duration of the term of the present incumbent of that office, who was elected at the general election held in November, 1895. It is claimed in behalf of the relator that the election of the present incumbent was for the term of two years from January 1, 1896, and that his term expires December 31, 1897. It is…
2Cases cited1 opinion
- People Ex Rel. Fowler v. BullNew York Court of Appeals · 1871
3Cited by13 opinions
- Chamski v. Wayne County Board of AuditorsMichigan Supreme Court · 1939
- State ex rel. Cummings v. TrewhittTennessee Supreme Court · 1904
- People v. FullerNew York Court of General Session of the Peace · 1935
- Wingate v. FlynnNew York Supreme Court · 1931
- State ex rel. Taylor v. MountIndiana Supreme Court · 1898
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