Legal Opinion

People Ex Rel. Bockes v. . Wemple

New York Court of Appeals

Decided October 8, 1889PublishedCited by 28 opinions

Appeal from, order of the General Term of the Supreme Court in the third judicial department, made Hay 9, 1889, which affirmed an order of Special Term denying a motion for a mandamus. The nature of the relief sought in the proceeding and the material facts are sufficiently stated in the opinion.

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Appeal from, order of the General Term of the Supreme Court in the third judicial department, made Hay 9, 1889, which affirmed an order of Special Term denying a motion for a mandamus. The nature of the relief sought in the proceeding and the material facts are sufficiently stated in the opinion. The provisions of the law of 1870 as to the $5 per dÁem for expenses was abrogated by a law passed in 1872. (Laws of 1870, chap. 408, § 9; Laws of 1872, chap. 541, p. 1234, § 1.) The compensation, for the continuance of which provision was made by the amendment to section 13 of article 6 of the…

1Opinion of the CourtGray, J.

The relator held the office of justice of the Supreme Court of this state,' from January 1, 1860, continuously, until January 1, 1888, by virtue of three elections. His last election to the office was for the term of fourteen years, commencing January 1,1876. That term was abridged by two years by the relator attaining the age of seventy in 1887. During the last years of his incumbency of the office he was paid the sum of $7,200 per annum, in quarter-yearly payments; but since its termination the state authorities have declined to pay him otherwise than at the rate of $6,000 per annum.

The…

2Cases cited1 opinion

  1. McCluskey v. . CromwellNew York Court of Appeals · 1854

3Cited by28 opinions

  1. Peay v. NolanTennessee Supreme Court · 1928
  2. State ex rel. Shea v. BillheimerIndiana Supreme Court · 1911
  3. People ex rel. Hardy v. GreeneAppellate Division of the Supreme Court of the State of New York · 1903
  4. Lowden v. Washita County Excise BoardSupreme Court of Oklahoma · 1941
  5. Bransten v. StateCourt for the Trial of Impeachments and Correction of Errors · 2017

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