People Ex Rel. Fowler v. Bull
New York Court of Appeals
Appeal from judgment entered upon decision of late General Term of the first judicial district, denying plaintiff’s application for judgment on verdict, and ordering judgment for defendant.
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Appeal from judgment entered upon decision of late General Term of the first judicial district, denying plaintiff’s application for judgment on verdict, and ordering judgment for defendant. The action was in the nature of a quo warranto, to try the title to the office of justice of the district court in the city of New York, for the eighth judicial district, to which it was claimed the plaintiff was elected on the 4th of December, 1866, for the term of six years, commencing 1st of January, 1867. The defendant was elected to the office in December, 1860, under the act of April 12 (chap. 300)…
1Opinion of the CourtFolgeb, J.
It is clear, that when the matters occurred with which this case is concerned, the office of justice of the eighth judicial district of Hew York city, fell within the provision of the Constitution of 1.846, contained in the eighteenth section of the sixth article thereof, which is as follows: “ All judicial officers of cities and villages, and all such judicial officers as may be created therein by law, shall be elected at such times and in such manner as the legislature may direct.”
There was, at that time, but one way of putting any one in that office, except he was placed there to fill a…
2Cases cited4 opinions
- Bank of Hamilton v. Lessee of DudleySupreme Court of the United States · 1829
- People ex rel. Stratton v. OultonCalifornia Supreme Court · 1865
- People Ex Rel. Loew v. BatchelorNew York Court of Appeals · 1860
- Christy v. Board of SupervisorsCalifornia Supreme Court · 1870
3Cited by68 opinions
- People Ex Rel. Metropolitan Street Railway Co. v. State Board of Tax CommissionersNew York Court of Appeals · 1903
- Matter of RyersNew York Court of Appeals · 1878
- State ex rel. Carson v. HarrisonIndiana Supreme Court · 1888
- State ex rel. Jameson v. DennyIndiana Supreme Court · 1889
- South & North Alabama Railroad v. MorrisSupreme Court of Alabama · 1880
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