People Ex Rel. Hogan v. . Flynn
New York Court of Appeals
These were appeals from orders of the General Term of the Supreme Court in the first judicial department, setting aside verdicts in favor of plaintiffs and granting new trials.
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These were appeals from orders of the General Term of the Supreme Court in the first judicial department, setting aside verdicts in favor of plaintiffs and granting new trials. (Keported below,- 4 Hun, 647.) These actions were each in the nature of a quo warranto, the first being to oust defendant from the office of assistant clerk of the District Court for the first judicial district of the city of New York, and the second to oust defendant from the same office in the third district. It appeared, in each case, that the relator was, after the passage of the act chapter 438, Laws of 1872,…
1Opinion of the CourtRapallo, J.
These cases depend upon the construction of the following clause contained in section 1 of chapter 438 of the laws of 1872:
“ There shall be a clerk and an assistant clerk in each of the District Courts of said city, who shall be appointed by the justices of said courts; they shall hold office, perform the same duties, and possess the same powers as now prescribed by law.”
At the time of the passage of this act, the term of office of the clerks of those courts was prescribed by law, but there was no such officer as assistant clerk; and the question now presented is, whether or not it was the…
2Cited by3 opinions
- People Ex Rel. Gilchrist v. . MurrayNew York Court of Appeals · 1878
- People Ex Rel. Healy v. . LeaskNew York Court of Appeals · 1876
- People ex rel. Gilchrist v. MurrayNew York Court of Common Pleas · 1878