People ex rel. Noble v. Mitchell
New York Surrogate's Court
Appeal by the defendants, John Purroy Mitchel and others, from an order of the Supreme 'Court, made at the Kings County Special Term and entered in the office of the clerk of the county of Kings on the 26th day of February, 1915, granting relator’s motion for a peremptory writ of mandamus compelling the board of estimate and apportionment to convene and to fix the eompensation of the surrogate of Queens county for services to be performed in connection with the drawing of…
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Appeal by the defendants, John Purroy Mitchel and others, from an order of the Supreme 'Court, made at the Kings County Special Term and entered in the office of the clerk of the county of Kings on the 26th day of February, 1915, granting relator’s motion for a peremptory writ of mandamus compelling the board of estimate and apportionment to convene and to fix the eompensation of the surrogate of Queens county for services to be performed in connection with the drawing of jurors for the year 1915.
1Opinion of the Court
Pub Curiam.—
We think that, the surrogate of the county of Queens is not within the purview of the words “ judge, including each justice of the Supreme Court,” in sectidn 26 of the Judiciary Law, and, therefore, is not entitled to any compensation as therein provided. It is true that section 26 of the General Construction Law provides that the term “judge” includes every judicial officer authorized, alone or with others, to hold or preside over a court of record, and that the Surrogate’s Court is now a court of record. (Judiciary Law, §2.) But section 110 of the said General Construction Law…
2Cases cited1 opinion
- People, Ex Rel. Lent v. . CarrNew York Court of Appeals · 1885