People Ex Rel. Wogan v. . Rafferty
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the second judicial department, entered January 18, 1913, affirming a judgment in favor of plaintiff entered upon a decision of the court at a Trial Term without a jury in an action in the nature of quo warranto. The facts, so far as material, are stated in the opinion.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the second judicial department, entered January 18, 1913, affirming a judgment in favor of plaintiff entered upon a decision of the court at a Trial Term without a jury in an action in the nature of quo warranto. The facts, so far as material, are stated in the opinion. The legislature cannot by statute require or authorize to be performed by any other officer or authority powers conferred by the Constitution upon a specified elective officer, nor can it take from such officer rights, powers and duties vested in him by…
1Opinion of the CourtWillard Bartlett, J.
This appeal asserts the constitutional invalidity of certain portions of the Judiciary Law, as amended in 1911, relative to the appointment, tenure of office and powers and duties of the chief clerk for the County Court of Kings county. These provisions are found in three sections of the Judiciary Law. The first which we have to consider empowers the county clerk to appoint a deputy to act and be known as the chief clerk for the County Court of Kings county. (Judiciary Law, § 195, as amended by Laws of 1911, ch. 826.) The second fixes the term of office of such chief clerk at five years from…
2Cases cited4 opinions
- State ex rel. Kennedy v. BrunstWisconsin Supreme Court · 1870
- Warner v. People ex rel. ConnerNew York Supreme Court · 1845
- Frees v. . FordNew York Court of Appeals · 1852
- Fink v. WallachAppellate Division of the Supreme Court of the State of New York · 1905
3Cited by21 opinions
- Olmsted v. . MeahlNew York Court of Appeals · 1916
- In re B. Turecamo Contracting Co.Appellate Division of the Supreme Court of the State of New York · 1940
- Durante v. EvansAppellate Division of the Supreme Court of the State of New York · 1983
- State v. CollinsTennessee Supreme Court · 1975
- Haggerty v. City of New YorkNew York Court of Appeals · 1935
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