People, Ex Rel. Lent v. . Carr
New York Court of Appeals
Appeal from order of the General Term of the Supreme Court, in the third judicial department, made September 16, 1885, which affirmed an order of Special Term directing a peremptory writ of mandamus to issue to defendant, requiring him to give notice of the election of a surrogate in and for the county of Westehester, at the then next general election.
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Appeal from order of the General Term of the Supreme Court, in the third judicial department, made September 16, 1885, which affirmed an order of Special Term directing a peremptory writ of mandamus to issue to defendant, requiring him to give notice of the election of a surrogate in and for the county of Westehester, at the then next general election. The application for the writ was made upon the ground that the incumbent, who was elected in November, 1882, for a term of six years, became seventy years of age in July, 1885, and that in consequence thereof, and by virtue of section 13 of…
1Opinion of the CourtRapallo, J.
The question to be determined on this appeal is, whether the provision contained in section 13 of article 6 of the Constitution, to the effect that “ no person shall hold the office of judge or justice of any court longer than until and including the last day of December next after he shall be seventy years of age,” applies to persons holding the office of surrogate.
The important judicial functions exercised by surrogates may afford reason for applying to them a disqualification by age, similar to that prescribed with respect to judges and justices of courts referred to in the Constitution.…
2Cases cited8 opinions
- Cohens v. VirginiaSupreme Court of the United States · 1821
- People ex rel. Gallup v. GreenNew York Supreme Court · 1829
- Settle v. . Van EvreaNew York Court of Appeals · 1872
- People Ex Rel. Joyce v. . BrundageNew York Court of Appeals · 1879
- People Ex Rel. Davis v. GardnerNew York Court of Appeals · 1871
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3Cited by5 opinions
- People, Ex Rel. Weller v. . TownsendNew York Court of Appeals · 1886
- In re MooreNew York Supreme Court · 1925
- In re SilkmanAppellate Division of the Supreme Court of the State of New York · 1903
- People ex rel. Noble v. MitchelAppellate Division of the Supreme Court of the State of New York · 1915
- People ex rel. Noble v. MitchellNew York Surrogate's Court · 1915