The People v. . Fancher
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the first judicial department, rendered in favor of defendant upon a case submitted under section 372 of the Code, for the purpose of determining defendant’s right to the office of justice of the Supreme Court. The legislature met, according to law, on the first Tuesday of January, 1872, and ended the regular session on May 14, 1872, by adjourning sine die.
Read the full summary
Appeal from judgment of the General Term of the Supreme Court in the first judicial department, rendered in favor of defendant upon a case submitted under section 372 of the Code, for the purpose of determining defendant’s right to the office of justice of the Supreme Court. The legislature met, according to law, on the first Tuesday of January, 1872, and ended the regular session on May 14, 1872, by adjourning sine die. After such final adjournment, and on May 14,1872, the governor, by proclamation, under section 4 of article 4 of the Constitution, convened the senate in extraordinary…
1Opinion of the CourtAllen, J.
It is conceded that the vacancy in the office of justice of the Supreme Court, to which the respondent was appointed, occurred on the 13th day of September, 1872, and that, if the senate was not on that day “in session,” the appointment of the respondent by the governor, on the 21st of the same month, was authorized by the Constitution. It is also conceded that the senate had not been on any day after the 10th day of September actually assembled as a body, and that it had adjourned on that day to meet again on the 20th of November.. The actual sittings of the senate were suspended on the 10th…
2Cases cited1 opinion
- American Life Insurance and Trust Company v. Van EpsNew York Court of Appeals · 1874
3Cited by20 opinions
- State ex rel. Biggs v. CorleySupreme Court of Delaware · 1934
- Ayman v. Teachers' Retirement BoardNew York Court of Appeals · 1961
- Vahlberg v. KeatonSupreme Court of Arkansas · 1889
- Borino v. LounsburySupreme Court of Connecticut · 1913
- Rabbitt v. LeonardConnecticut Superior Court · 1979
15 more not listed; retrieve them via the Exa API.