People ex rel. Sholes v. Board of Sup'rs
New York Supreme Court
Appeal from circuit court, Oneida county. Application by Herbert Sholes for a writ of mandamus to the board of supervisors of Oneida county. From portions of a final order or judgment entered on the decision of the court after trial at circuit without a jury, relator appeals. During the years 1888, 1889, and 1890, the relator was special surrogate of Oneida county.
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Appeal from circuit court, Oneida county. Application by Herbert Sholes for a writ of mandamus to the board of supervisors of Oneida county. From portions of a final order or judgment entered on the decision of the court after trial at circuit without a jury, relator appeals. During the years 1888, 1889, and 1890, the relator was special surrogate of Oneida county. In each of those years the surrogate of the county was absent from the county a number of days, and during those periods of absence the relator was, by various orders of justices of the supreme court of the judicial district in…
1Opinion of the CourtMerwin, J.
The relator was elected under the provisions of chapter 306 of the Laws of 1849, which was passed in pursuance of the authority given by section 16 of article 6 of the constitution. By section 1 of the act of 1849, provision was made for the election of a special surrogate in the county of Oneida and seven other counties, and power was conferred on such officers to discharge the duties of surrogate in their respective counties “in cases of vacancy or inability” of such officer. By section 2, as amended by chapter 108 of the Laws of 1851, they were given the powers of a county judge out of…
2Cases cited1 opinion
- Tyler v. Board of SupervisorsNew York Supreme Court · 1891
3Cited by1 opinion
- In re BarhiteAppellate Division of the Supreme Court of the State of New York · 1921