People ex rel. Lawrence v. Mann
New York Supreme Court
Appeal from an order made at a Special Term, directing that an absolute writ of prohibition issue, commanding the respondents to desist from any further proceedings in an action brought by the respondent Ferber against the relator, before the respondent Mann, a justice of the peace. The question involved was whether or not the respondent Mann, being nearly seventy-three years of age, had any right to act as a justice of the peace.
1Opinion of the Court
BarNArd, P. J.:
By section 13 of article 6 of the Constitution of New York, it is provided: “ But no person shall hold the office of justice or judge of any court longer than until and including the last day of December next, after he shall be seventy years of age.” The question presented is whether this provision includes the class of justices of the peace of the State. There is no real authority upon the question. The article of the Constitution in question seems to refer only to judges of the Court of Appeals and to justices of the Supreme Court. At least those judges only are named in it.…
2Cases cited8 opinions
- People of the State of N.Y. v. . DohringNew York Court of Appeals · 1874
- People Ex Rel. Joyce v. . BrundageNew York Court of Appeals · 1879
- Edwards v. RussellNew York Supreme Court · 1839
- People Ex Rel. Davis v. GardnerNew York Court of Appeals · 1871
- People ex rel. Davis v. GardnerNew York Supreme Court · 1871
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