Matter of Guden
New York Court of Appeals
Appeal from an order of the Appellate Division of the Supreme Court in the second judicial department, entered April 22, 1902, which reversed an order of Special Term in a proceeding instituted under section 2471a of the Code of Civil Procedure, directing the respondent herein to deliver to the appellant books and papers belonging to the office of sheriff of Kings county.
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Appeal from an order of the Appellate Division of the Supreme Court in the second judicial department, entered April 22, 1902, which reversed an order of Special Term in a proceeding instituted under section 2471a of the Code of Civil Procedure, directing the respondent herein to deliver to the appellant books and papers belonging to the office of sheriff of Kings county. Charles Guden, the petitioner, was elected sheriff of Kings county at the election in 1901, and thereafter duly qualified and took office. Subsequently, charges having been presented against him, alleging acts of misconduct…
1Opinion of the Court
There resides in the people of this and every state an absolute power to prescribe rules of action, through legislation, to enforce rules of action and to transact generally the affairs of government, through executive acts, and to determine controversies between, enforce rights belonging to, and redress wrongs done to, citizens of the state, through the courts. This power of the people is uncontrolled, except as the people themselves have sought to restrain it either by the Constitution of the United States or by the Constitution of the particular state in which the act is done, the rule…
2Cited by41 opinions
- Galloway v. TruesdellNevada Supreme Court · 1967
- Schieffelin v. Valentine KomfortNew York Court of Appeals · 1914
- Nys Law Enforcement Employees v. CuomoNew York Court of Appeals · 1984
- Matter of RichardsonNew York Court of Appeals · 1928
- People Ex Rel. Corkran v. . HyattNew York Court of Appeals · 1902
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