Johnson v. Flynn

Submission of controversy under sections 546 to 548 of the Civil Practice Act. ' The plaintiff is one of more than sixty justices of the Municipal Court of the City of New York, and was elected to that office in 1935 for a term of ten years. The plaintiff inquired of the defendant as Secretary of State whether the defendant would require the plaintiff to file a certificate stating his age and the time when his term of office would expire, pursuant to section 23 of the Judiciary Law. The defendant replied that he would require the filing of such certificate by the plaintiff. That section of…