Matter of Trounstine v. . Britt
New York Court of Appeals
Appeal from an order of the Appellate Division of the Supreme Court in the first judicial department, entered May 27, 1914, which reversed an order of Special Term denying a motion for a peremptory writ of mandamus requiring the defendants to refrain from in any manner, at the coming primary and general elections in 1914, certifying to the expiration of the term of office of Joseph I. Green, now an incumbent of the office of justice of the City Court of New York, or calling…
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Appeal from an order of the Appellate Division of the Supreme Court in the first judicial department, entered May 27, 1914, which reversed an order of Special Term denying a motion for a peremptory writ of mandamus requiring the defendants to refrain from in any manner, at the coming primary and general elections in 1914, certifying to the expiration of the term of office of Joseph I. Green, now an incumbent of the office of justice of the City Court of New York, or calling for the election of his successor, and granted said motion. The facts, so far as material, are stated in the opinion.…
1Opinion of the CourtHogar, J.
The question presented by this appeal involves the official status of justices of the City Court of the city of New York holding positions by choice of the electors of said city and exercising the functions of judicial officers. In view of the public importance of the question presented, we concluded to hear and determine the appeal notwithstanding the debatable propriety of the practice followed.
This proceeding was commenced to obtain a peremptory writ of mandamus requiring the board of elections and the city clerk of the city of New York to refrain from transmitting a public notice of the…
2Cases cited5 opinions
- Matter of Sherrill v. . O'BrienNew York Court of Appeals · 1907
- O'Connor v. . City of New YorkNew York Court of Appeals · 1908
- Matter of Markland v. . ScullyNew York Court of Appeals · 1911
- In Re the Board of Rapid Transit Railroad Commissioners of New YorkNew York Court of Appeals · 1895
- People Ex Rel. Healy v. . LeaskNew York Court of Appeals · 1876
3Cited by14 opinions
- Morgenthau v. CookeNew York Court of Appeals · 1982
- State Ex Rel. Chavez v. EvansNew Mexico Supreme Court · 1968
- County of Ontario v. Western Finger Lakes Solid Waste Management AuthorityAppellate Division of the Supreme Court of the State of New York · 1990
- Matter of Adler v. VoorhisNew York Court of Appeals · 1930
- Matter of Carey v. CruiseNew York Court of Appeals · 1927
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