People ex rel. Batey v. Tierney
Appellate Division of the Supreme Court of the State of New York
Appeal by the relator, Joseph H. Batey, from an order of the Supreme Court, made at the New York Special Term and entered in the office of the clerk of «the county of New York on the 8th day of April, 1898, denying his motion for a writ of peremptory mandamus directing the respondent, John M. Tierney, justice of the Municipal Court of the city of New York, second district, borough of the Bronx, New York city, to recognize the relator as an attendant or officer of the…
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Appeal by the relator, Joseph H. Batey, from an order of the Supreme Court, made at the New York Special Term and entered in the office of the clerk of «the county of New York on the 8th day of April, 1898, denying his motion for a writ of peremptory mandamus directing the respondent, John M. Tierney, justice of the Municipal Court of the city of New York, second district, borough of the Bronx, New York city, to recognize the relator as an attendant or officer of the Municipal Court of the city of New York, second district, borough of the Bronx. The relator, Joseph II. Batey, was, on the 1st"…
1Opinion of the Court
Per Curiam :
Mr. Justice Chase in determining this case delivered the following opinion:
“ Subject only to the restrictions of the Constitution, the Legislature may abolish an office or shorten or lengthen the term thereof. (Koch v. Mayor, 152 N. Y. 72.) The Legislature intended by the Greater New York charter to fix the tenure of office of the justices of the District and Justices’ Courts in the territory now comprising the city of New York, and also that of all the clerks, assistant clerks, stenographers, interpreters and attendants thereof. The act expressly provides that the justices of the…
2Cases cited1 opinion
- Koch v. Mayor of New YorkNew York Court of Appeals · 1897
3Cited by5 opinions
- Chamski v. Wayne County Board of AuditorsMichigan Supreme Court · 1939
- State Ex Rel. Matlack v. Oklahoma CitySupreme Court of Oklahoma · 1913
- McKenna v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1898
- McKenna v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1898
- People ex rel. Joyce v. Van WartNew York Supreme Court · 1898