Tyler v. Board of Supervisors
New York Supreme Court
Appeal from special term, Tompkins county. • Applications by Moses C. Tyler,» as administrator of John Tyler, deceased, Tor mandamus to the board of supervisors of Tompkins county to compel the -allowance of a claim of $208.33 for services alleged to have been rendered by decedent as acting surrogate of Tompkins county. In the year 1888 John Tyler was the special county judge of the county of Tompkins, receiving a salary as such.
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Appeal from special term, Tompkins county. • Applications by Moses C. Tyler,» as administrator of John Tyler, deceased, Tor mandamus to the board of supervisors of Tompkins county to compel the -allowance of a claim of $208.33 for services alleged to have been rendered by decedent as acting surrogate of Tompkins county. In the year 1888 John Tyler was the special county judge of the county of Tompkins, receiving a salary as such. From February 9, 1888, to March 8th of the same year, Hon. Marcus Lyon, the county judge and surrogate of that county, was absent from the county. During his absence…
1Opinion of the CourtMartin, J.
Section 16 of article 6 of the constitution of the state of New York provides: “The legislature may, on application of the board of supervisors, provide for the election of local officers, not to exceed two in any county, to discharge the duties of county judge and of surrogate, in cases of their inability, or of a vacancy, and to exercise such other powers in special cases as may be provided by law.” In pursuance of this provision of the constitution, the legislature, in 1858, passed an act declaring that there should be elected in Tompkins county a local officer “to discharge the duties of…
2Cases cited1 opinion
- People ex rel. Byrnes v. GreenNew York Supreme Court · 1872
3Cited by1 opinion
- People ex rel. Sholes v. Board of Sup'rsNew York Supreme Court · 1894