The People Ex Rel. Jackson v. . Potter
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the third department, upon an agreed ease, submitted under section 372 of the Code.
Read the full summary
Appeal from judgment of the General Term of the Supreme Court in the third department, upon an agreed ease, submitted under section 372 of the Code. The controversy arose out of the following facts : The term of E. H. Eosekrans, as justice of the Supreme Court in the fourth judicial district, who was in office at the time of the adoption of the present article 6, the judiciary article of the Constitution, expired on the 31st December, 1871. In contemplation of this, an election of a successor was regularly noticed and held at the general election, November 7, 1871, and on that day the…
1Opinion of the CourtFolger, J.
The facts of the case can be briefly stated. Enoch II. Iiosekrans, at the adoption in 1870 of the judiciary article by which the Constitution was amended, was an incumbent of the office of justice of the Supreme Court for the fourth district. His term of office would not expire until the 31st of December, 1871. By the sixth section of that article he was empowered to continue in office until the expiration of that term. But, on the 6th day of November, 1871, he resigned the office. On the 7th day of November, 1871, at the general election then duly held in the fourth district, the electors…
2Cases cited8 opinions
- United States v. FisherSupreme Court of the United States · 1805
- The People v. . Simeon DraperNew York Court of Appeals · 1857
- Newell v. People Ex Rel. PhelpsNew York Court of Appeals · 1852
- People ex rel. Gallup v. GreenNew York Supreme Court · 1829
- People Ex Rel. Davies v. CowlesNew York Court of Appeals · 1856
3 more not listed; retrieve them via the Exa API.
3Cited by110 opinions
- Lake County v. RollinsSupreme Court of the United States · 1889
- Rasmussen v. BakerWyoming Supreme Court · 1897
- Clark v. HillsTexas Supreme Court · 1886
- Matter of Sullivan Co., Inc.New York Court of Appeals · 1942
- People Ex Rel. Killeen v. . AngleNew York Court of Appeals · 1888
105 more not listed; retrieve them via the Exa API.