Legal Opinion

People ex rel. Hillman v. Scholer

Appellate Division of the Supreme Court of the State of New York

Decided May 15, 1904PublishedCited by 4 opinions

Appeal by the defendants, Gustav Scholer and others, as coroners of the borough of Manhattan, city of New York, from an order of the Supreme Court, made at the New York Trial Term and entered in the office of the clerk of the county of New York on the 15th day of January, 1904, directing the issuance of a peremptory writ of mandamus requiring the defendants to reinstate the relator as chief clerk of the coroners’ office of the borough of Manhattan, city of New York. •

1Opinion of the Court

Ingraham, J.:

The relator claims that his removal by the defendants was illegal and brings this proceeding to compel the defendants to reinstate him. Prior to the adoption of the charter of the city of New York (Laws of 1897; chap. 378, §§ 1570, 1571) office, of coroner had *283always been a county office, and recognized as such in the State Constitutions prior to that adopted in 1894. (See Const. [1777] §§ 23, 26; Const. [1821] art. 4, §§ 8, 11; Const. [1846] art. 10, § 1.) Section 1 of article 10 of the Constitution of 1846 provides that sheriffs, clerks of counties, including the register and…

2Cases cited2 opinions

  1. People ex rel. Burger v. BlairAppellate Division of the Supreme Court of the State of New York · 1897
  2. People ex rel. Maharin v. PlimleyAppellate Division of the Supreme Court of the State of New York · 1896

3Cited by4 opinions

  1. Schultze v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1913
  2. Schultze v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1912
  3. Schultze v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1912
  4. Schultze v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1913

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