People v. . Fitzgerald
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered November 5,1904, in favor of defendant Fitzgerald, upon the submission of a controversy under section 1279 of the Code of Civil Procedure.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered November 5,1904, in favor of defendant Fitzgerald, upon the submission of a controversy under section 1279 of the Code of Civil Procedure. The facts, as agreed upon by the parties, are substantially as follows: In January, 1898,- the respondent Fitzgerald was appointed justice of the Court of Special Sessions ’for the second division of the city of New York, pursuant to section 1401 of the charter of that city, to hold office “ until December 31st, 1903.” He qualified and held the…
1Opinion of the CourtVann, J.
The decision of this controversy depends upon the meaning of the city charter, which contains some provisions inconsistent with each other, and one. as it is claimed, in conflict with the Constitution itself. It is not surprising that confusion arose and that executive officers differed in the interpretation of their powers, for the charter shows some lack of attention to details, caused, as it is said, by combining many scattered statutes into one. We will call attention to the main provisions involved and for convenience will write in italics the words of special importance before we…
2Cases cited1 opinion
- People Ex Rel. Beaman v. . FeitnerNew York Court of Appeals · 1901
3Cited by21 opinions
- Claim of Schmidt v. Wolf Contracting Co.Appellate Division of the Supreme Court of the State of New York · 1945
- State Ex Rel. Eberle v. ClarkSupreme Court of Connecticut · 1913
- People v. DethloffNew York Court of Appeals · 1940
- Board of Education of Boyle County v. McChesneyCourt of Appeals of Kentucky (pre-1976) · 1930
- Milk v. GottschalkAppellate Division of the Supreme Court of the State of New York · 1968
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