Matter of Mitchell v. . Boyle
New York Court of Appeals
Appeal from an order of the Appellate Division of the Supreme Court in the second judicial department, entered October 27, 1916, which affirmed an order of Special Term granting a motion for a peremptory writ of mandamus to compel the board of elections of the city of New York to receive and file a certificate of the nomination of Samuel J. Mitchell as candidate for the office of sheriff of Queens county to be voted for at the general election of 1916. The object of the…
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Appeal from an order of the Appellate Division of the Supreme Court in the second judicial department, entered October 27, 1916, which affirmed an order of Special Term granting a motion for a peremptory writ of mandamus to compel the board of elections of the city of New York to receive and file a certificate of the nomination of Samuel J. Mitchell as candidate for the office of sheriff of Queens county to be voted for at the general election of 1916. The object of the proceeding was to obtain a final judicial determination of the question whether an existing vacancy in the office of sheriff…
1Opinion of the Court
Willard Bartlett, Ch. J.
A vacancy occurred in the office of sheriff of Queens county on the 23d day of October, 1916, by the death of Paul Stier, who had been elected sheriff in 1915 and had duly qualified and was discharging the duties of the office at the time of his death. The question at once arose, when and how was this vacancy to be filled ? The courts below held that it should be filled at the general election immediately ensuing, namely, on November 7, 1916." We have reached a different conclusion.
In the first place it is to be noted that there is no express provision of law,…
2Cases cited3 opinions
- People Ex Rel. Davies v. CowlesNew York Court of Appeals · 1856
- People Ex Rel. Deitz v. . HoganNew York Court of Appeals · 1915
- People Ex Rel. Hatfield v. . ComstockNew York Court of Appeals · 1879
3Cited by16 opinions
- Roher v. DinkinsNew York Court of Appeals · 1973
- Skelos v. PatersonNew York Court of Appeals · 2009
- In re MitchellAppellate Division of the Supreme Court of the State of New York · 1917
- Baranello v. Suffolk County LegislatureAppellate Division of the Supreme Court of the State of New York · 1987
- People ex rel. Conklin v. BoyleNew York Supreme Court · 1917
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