People ex rel. Ellithorpe v. Judges of Superior Court of Buffalo
New York Supreme Court
Appeal from special term, Erie county. Relator, Philander D. Ellithorpe, appeals from an order denying his motion to compel the judges of the superior court of Buffalo to rescind their action removing him as crier of the superior court of Buffalo, and to reinstate him therein.
1Opinion of the CourtMacomber, J.
The jurisdiction of this court to entertain an application of this kind is called in question by the respondents’ counsel. But there is no such limitation put upon its jurisdiction, which is declared by article 6 of the constitution to be general in law and in equity, subject only to the appellate jurisdiction of the court of appeals. If, therefore, there is any tribunal before which this proceeding could be maintained, it is the supreme court. People v. Nichols, 79 N. Y. 582.
The relator, who is an honorably discharged soldier from the late civil war, was appointed crier of the superior court…
2Cases cited5 opinions
- Smith v. . the PeopleNew York Court of Appeals · 1872
- The People Ex Rel. the Mayor v. . NicholsNew York Court of Appeals · 1880
- Cain v. StateTexas Supreme Court · 1857
- Black v. ScottU.S. Circuit Court for the District of Virginia · 1828
- People ex rel. O'Brien v. FrenchNew York Supreme Court · 1889