Matter of Markland v. . Scully
New York Court of Appeals
Appeal from an order of the Appellate Division of the Supreme Court in the second judicial department, entered September 25, 1911, which affirmed an order of Special Term granting a motion for a peremptory writ of mandamus to compel the city clerk • of the city of New York to issue a notice for an election of justice of the Municipal Court, sixth district, in the borough of Brooklyn. • The facts, so far as material, are stated in the opinion.
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Appeal from an order of the Appellate Division of the Supreme Court in the second judicial department, entered September 25, 1911, which affirmed an order of Special Term granting a motion for a peremptory writ of mandamus to compel the city clerk • of the city of New York to issue a notice for an election of justice of the Municipal Court, sixth district, in the borough of Brooklyn. • The facts, so far as material, are stated in the opinion. Whether a justice of the Municipal Court of the city of New York can or cannot he elected at the coming general election in the sixth district of the…
1Opinion of the CourtHaight, J.
On the 8th day of August, 1911, George Fielder, of the sixth district Municipal Court of the city of New York, died, and a question has arisen as to whether the vacancy caused by his death can be filled by an election at the next ensuing election which occurs on the 7th day of November. For the purpose of determining that question the relator made an application for a peremptoiy writ of mandamus and, by the orders appealed from, the courts below have determined that such election should be had.
Upon the argument of this appeal a preliminary question was raised by the appellant as to whether…
2Cases cited4 opinions
- People Ex Rel. Farrington v. . MenschingNew York Court of Appeals · 1907
- Worthington v. London Guarantee & Accident Co.New York Court of Appeals · 1900
- People v. . DooleyNew York Court of Appeals · 1902
- People v. DooleyAppellate Division of the Supreme Court of the State of New York · 1902
3Cited by10 opinions
- Reitz v. MealeySupreme Court of the United States · 1941
- Matter of Trounstine v. . BrittNew York Court of Appeals · 1914
- Reitz v. MealeyDistrict Court, N.D. New York · 1940
- Matter of Carey v. CruiseNew York Court of Appeals · 1927
- Haggerty v. City of New YorkCity of New York Municipal Court · 1934
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