Kelly v. Van Wyck
New York Supreme Court
Application for a peremptory writ of mandamus to require the mayor of the city of Kew York to appoint four city magistrates.
1Opinion of the Court
Gaynor, J.:
The terms of the four city magistrates mentioned in the petition concededly expired on the last day of April, 1901. Thereupon it became the duty of the mayor by a mandatory provision of the city charter (sec. 1394) to appoint their successors. The legislature this year by the amended city charter (sec. 1392) purported to extend the terms of the said magistrates until January 1, 1902. But this is violative of section 2 of article X of the state constitution, which requires in so many words that existing city officers shall be elected by the' electors of the city, or some division…
2Cases cited12 opinions
- People Ex Rel. Bolton v. . AlbertsonNew York Court of Appeals · 1873
- Warner v. People ex rel. ConnerNew York Supreme Court · 1845
- The People Ex Rel. Kelly v. . Common CouncilNew York Court of Appeals · 1879
- People Ex Rel. Fowler v. BullNew York Court of Appeals · 1871
- The People v. . PinckneyNew York Court of Appeals · 1865
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3Cited by4 opinions
- People v. . DooleyNew York Court of Appeals · 1902
- People v. DooleyAppellate Division of the Supreme Court of the State of New York · 1902
- People ex rel. Lynch v. PierceAppellate Division of the Supreme Court of the State of New York · 1912
- In re HaaseNew York Supreme Court · 1903