Legal Opinion

People ex rel. Earl v. England

Appellate Division of the Supreme Court of the State of New York

Decided July 1, 1897PublishedCited by 13 opinions

Appeal by the relator, Mortimer C. Earl, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of Kings on the 28th day of December, 1896, upon the decision of the court rendered.after atrial at a Trial Term of the Supreme Court held in and for the county of Kings before the court without a jury.

1Opinion of the Court

Cullen, J.:

This action is brought to determine the respective titles of the relator and the defendant to the office of clerk of the fourth district Police Court in. the- city of Brooklyn. The relator was appointed clerk on the 10th day of October, 1893, by William Watson, police justice. The defendant was appointed clerk on the 1st day of May, 1896, by one Andrew Lemon, who succeeded Watson as police justice. Section 14, title 21 of the charter of the city of Brooklyn (Chap. 583, Laws of 1888) creates the office of clerk, and prescribes the method of filling the office as follows : “ From and…

2Cases cited3 opinions

  1. People Ex Rel. Westchester Fire Insurance v. DavenportNew York Court of Appeals · 1883
  2. People Ex Rel. Fonda v. . MortonNew York Court of Appeals · 1896
  3. People Ex Rel. Griffin v. . LathropNew York Court of Appeals · 1894

3Cited by13 opinions

  1. O'Day v. YeagerNew York Court of Appeals · 1955
  2. Begich v. JeffersonAlaska Supreme Court · 1968
  3. People ex rel. Speight v. ColerAppellate Division of the Supreme Court of the State of New York · 1898
  4. People ex rel. Brymer v. GrayAppellate Division of the Supreme Court of the State of New York · 1898
  5. People ex rel. Tate v. DaltonAppellate Division of the Supreme Court of the State of New York · 1898

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