People Ex Rel. Welch v. . Bard
New York Court of Appeals
Appeal from an order of the Appellate Division of the Supreme Court in the fourth judicial department, entered June 12, 1913, which affirmed an order of Special Term granting a motion for a peremptory writ of mandamus to compel defendant as county treasurer to execute certificates of indebtedness to provide for the payment of troops called forth in aid of the civil authorities by a Supreme Court justice. The facts, so far as material, are stated in opinion.
Read the full summary
Appeal from an order of the Appellate Division of the Supreme Court in the fourth judicial department, entered June 12, 1913, which affirmed an order of Special Term granting a motion for a peremptory writ of mandamus to compel defendant as county treasurer to execute certificates of indebtedness to provide for the payment of troops called forth in aid of the civil authorities by a Supreme Court justice. The facts, so far as material, are stated in opinion. Section 115 of the Military Law of the state of New York is unconstitutional and void. Each of the three departments of government is…
1Opinion of the CourtWillard Bartlett, J.
The relator is the brigadier-general commanding the Fourth Brigade of the Yational Guard of the state of Yew York, whose headquarters are in Erie county. On the 8th day of April, 1913, the Hon. Charles H.. Brown, one of the justices of the Supreme Court in the eighth judicial district, caused to be served upon General Welch the following communication in writing:
“To Brigadier-General Samuel M. Welch, Fourth Brigade, National Guard, State of New York: u Sir.—Whereas I am satisfied that breaches of the peace, tumults, riots, and other violations of the law are almost continually occurring…
2Cases cited5 opinions
- Matter of DaviesNew York Court of Appeals · 1901
- People v. . HallNew York Court of Appeals · 1901
- Citizens' Savings Bank v. Town of GreenburghNew York Court of Appeals · 1903
- People Ex Rel. Washington v. . NicholsNew York Court of Appeals · 1873
- Chapin v. FerryWashington Supreme Court · 1891
3Cited by13 opinions
- Matter of RichardsonNew York Court of Appeals · 1928
- LaChapelle v. United Shoe Machinery Corp.Massachusetts Supreme Judicial Court · 1945
- Fifth Avenue Coach Lines, Inc. v. City of New YorkNew York Court of Appeals · 1962
- Abbott v. McNuttCalifornia Supreme Court · 1933
- Storer Broadcasting Company, Detroit Fire & Marine Insurance Company and Associated Aviation Underwriters v. United StatesCourt of Appeals for the Fifth Circuit · 1958
8 more not listed; retrieve them via the Exa API.