Matter of Allison v. . Welde
New York Court of Appeals
Appeal from an order of the Appellate Division of the Supreme Court in the third judicial department, entered June 27, 1902, which affirmed an order of Special Term denying an application for the delivery of books and papers made pursuant to section 2471a of the Code of Civil Procedure. The facts, so far as material, are stated in the opinion. The appellant is a county officer. (Matter of Brenner, 67 App.
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Appeal from an order of the Appellate Division of the Supreme Court in the third judicial department, entered June 27, 1902, which affirmed an order of Special Term denying an application for the delivery of books and papers made pursuant to section 2471a of the Code of Civil Procedure. The facts, so far as material, are stated in the opinion. The appellant is a county officer. (Matter of Brenner, 67 App. Div. 375; 170 N. Y. 185.) Prior to the act of 1901 there never was in the county of New York any such county officer as a commis-. sionef of jurors. Not only is the petitioner the first…
1Opinion of the Court
, Haight, J.
On the 10th day of April, 1902, Thomas Allison, the appellant, was appointed commissioner of jurors for the county of New York by the justices of the Appellate Division of the department in which that county is located. He thereupon qualified by taking the oath of office required by the Constitution, and then demanded of Charles Welde, who was in possession of the books and papers belonging or pertaining to the office, the possession thereof, which demand was refused upon the ground that chapter 602 of the Laws of 1901, under which Allison had been appointed, was unconstitutional,…
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