People ex rel. Burby v. Howland
Appellate Division of the Supreme Court of the State of New York
Appeal by Lansing M. Howland and. others, the defendants in the first above-entitled action, from .an order of the Supreme Court, made at the Montgomery Special Term and entered in the office of ' the clerk of the county of Washington on the 18th day of January, 1897, directing the issuance of a writ of mandamus to compel the audit of the relator’s claim. • Also, appeal by The Board of Supervisors, of Washington County, the defendant in the second above-entitled action, from…
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Appeal by Lansing M. Howland and. others, the defendants in the first above-entitled action, from .an order of the Supreme Court, made at the Montgomery Special Term and entered in the office of ' the clerk of the county of Washington on the 18th day of January, 1897, directing the issuance of a writ of mandamus to compel the audit of the relator’s claim. • Also, appeal by The Board of Supervisors, of Washington County, the defendant in the second above-entitled action, from an order of the Supreme Court, made at the. Saratoga Special-Term and entered in the office of the clerk of the county…
1Opinion of the Court
Herrick, J.:
The portions of chapter 22 of "the Law;s. of 1896 which it is . sup-, posed deprive the relators, of their right to compensation are found .in sections 19 "and 20, and it'is only those sections that we need to consider. . .
The relator Bitrby was elected a justice of the peace of the town of Fort .Edward in 1894. .. That office is a. constitutional office, and the term of office is fixed ¡at four years, (Const, art: 6, § 11.)
The same section of the Constitution that provides for the election and term of office of justices of ;the peace provides the manner in which their terms of…
2Cases cited13 opinions
- People Ex Rel. Bolton v. . AlbertsonNew York Court of Appeals · 1873
- State ex rel. Kennedy v. BrunstWisconsin Supreme Court · 1870
- Rathbone v. . WirthNew York Court of Appeals · 1896
- Warner v. People ex rel. ConnerNew York Supreme Court · 1845
- The People Ex Rel. v. . NostrandNew York Court of Appeals · 1871
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3Cited by6 opinions
- State ex rel. Thurmond v. City of ShreveportSupreme Court of Louisiana · 1909
- Robinson v. Charleston Interurban RailroadWest Virginia Supreme Court · 1917
- People ex rel. Saloom v. WhitneyAppellate Division of the Supreme Court of the State of New York · 1898
- Banuchi v. Asamblea Municipal de IsabelaSupreme Court of Puerto Rico · 1928
- Banuchi v. Municipal Assembly of IsabelaSupreme Court of Puerto Rico · 1928
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