People Ex Rel. Loew v. Batchelor
New York Court of Appeals
Appeal from the Supreme Court. Action in the nature of quo warranto to recover the possession of the office of clerk of the first district court in the city of New York. Upon the trial before Mr. Justice E. D. Smith, a jury, having been waived, these facts were found: The defendant was duly appointed to the office in question, December 31, 1851, qualified and entered upon its duties. By the law in force at the time of his appointment (Sess.
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Appeal from the Supreme Court. Action in the nature of quo warranto to recover the possession of the office of clerk of the first district court in the city of New York. Upon the trial before Mr. Justice E. D. Smith, a jury, having been waived, these facts were found: The defendant was duly appointed to the office in question, December 31, 1851, qualified and entered upon its duties. By the law in force at the time of his appointment (Sess. Laws of 1851, p. 598, § 7), the clerks of the district courts were to enter upon the performance of their duties at the same time and to “hold their…
1Dissent
Denio, J. (Dissenting.)
The defendant was duly appointed to the office of clerk of the district court, from which it is sought to oust him, on the 81st December, 1851, for a term which expired on the same day in the year 1857. He claims to continue the incumbent of the office by virtue of an act of the legislature, passed in April of the last mentioned year, the effect of which, if constitutionally valid, is to extend his official term for a further period of six years. (Laws of 1857, p. 726, § 71.) If his position is sustained he is still in office; and, without examining any other question,…
2Cases cited4 opinions
- Adams v. MillsNew York Court of Appeals · 1875
- The People v. . KeelerNew York Court of Appeals · 1858
- The People v. . SnedekerNew York Court of Appeals · 1856
- People v. KeelerNew York Supreme Court · 1857