Matter of Hart
New York Court of Appeals
Appeal from an order of the Appellate Division of the Supreme Court in the third judicial department, entered January 24, 1899, affirming an order of the Special Term denying an application for a mandamus requiring the state board of canvassers to determine and declare what person, by the greatest number of votes, was duly elected justice of the Supreme .Court in and for the second judicial district at the election of 1897 to fill vacancy in place of Calvin E. Pratt,…
Read the full summary
Appeal from an order of the Appellate Division of the Supreme Court in the third judicial department, entered January 24, 1899, affirming an order of the Special Term denying an application for a mandamus requiring the state board of canvassers to determine and declare what person, by the greatest number of votes, was duly elected justice of the Supreme .Court in and for the second judicial district at the election of 1897 to fill vacancy in place of Calvin E. Pratt, deceased. The facts, so far as material, are stated in the opinion. The vacancy which existed by reason of the death of Justice…
1Opinion of the Court
Parker, Ch. J.
Calvin E. Pratt, a justice of the Supreme Court in the second judicial district, whose term of office, had he lived, would have expired on the 31st day of December, 1905, died between the hours of ten and eleven o’clock in the forenoon of August third, 1896. A few days thereafter, on August 11th, 1896, the governor made the temporary appointment of William W. Goodrich to fill the vacancy occasioned by the death of Mr. Justice Pratt. The general election of that year was held on the 3d day of November, 1896, and the record in the office of the secretary of state shows that, at…
2Cases cited2 opinions
- People Ex Rel. Durant Land Improvement Co. v. JerolomanNew York Court of Appeals · 1893
- People Ex Rel. Hasbrouck v. Board of SupervisorsNew York Court of Appeals · 1892
3Cited by17 opinions
- People Ex Rel. Corscadden v. . HoweNew York Court of Appeals · 1904
- People Ex Rel. Lehmaier v. Interurban Street Railway Co.New York Court of Appeals · 1904
- Forbes v. City of HoustonCourt of Appeals of Texas · 1962
- State ex rel. Bentley v. ReynoldsSupreme Court of Missouri · 1905
- Kahabka v. SchwabAppellate Division of the Supreme Court of the State of New York · 1923
12 more not listed; retrieve them via the Exa API.