People v. . Rathbone
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the third judicial department, entered upon an order made February 12, 1895, which affirmed an interlocutory judgment in favor of plaintiff entered upon an order overruling a demurrer to the complaint. • The nature of the action and the facts, so far as material, are stated in the opinion.
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Appeal from judgment of the General Term of the Supreme Court in the third judicial department, entered upon an order made February 12, 1895, which affirmed an interlocutory judgment in favor of plaintiff entered upon an order overruling a demurrer to the complaint. • The nature of the action and the facts, so far as material, are stated in the opinion. A notary public is not a public officer within the meaning and intent of subdivision 5 of article 13 of the new Constitution, and, therefore, not subject to its provisions. (R. R. Co. v. McClure, 10 Wall. 511; Newell v. People, 7 N. Y. 9 ;…
1Opinion of the CourtGray, J.
This action was brought to have the office held by the defendant as a notary public, in and for the county of Albany, in this state, adjudged to have been forfeited, for the violation by him of that provision of the Constitution of the state, which prohibits a “ public officer or person elected or appointed to a public office under the laws of this state ” from receiving “ any free pass, free transportation, franking privilege, &g., &o., from any person or corporation,” of from making use of the same. The constitutional provision referred to is contained in section 5 of article 13 of the…
2Cases cited1 opinion
- Newell v. People Ex Rel. PhelpsNew York Court of Appeals · 1852
3Cited by45 opinions
- People Ex Rel. Balcom v. . MosherNew York Court of Appeals · 1900
- Oswego Syracuse R.R. Co. v. . StateNew York Court of Appeals · 1919
- Building & Loan Ass'n v. SohnWest Virginia Supreme Court · 1903
- State ex rel. Childs v. SuttonSupreme Court of Minnesota · 1895
- King v. CuomoNew York Court of Appeals · 1993
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