Ellithorpe v. Judges of Superior Court
New York Supreme Court
Appeal from the order of the Erie special term, denying the relator’s motion to compel the respondents to rescind their action removing him as crier of the superior court of Buffalo, and to reinstate him therein.
1Opinion of the CourtMacomber, J.
The jurisdiction of this court to entertain an application of this kind is called in question by the respondent’s counsel. But there is no such limitation put upon its jurisdiction, which is declared by Art. 6 of the constitution to be general in law and in equity, subject only to the appellate jurisdiction of the court of appeals. If, therefore, there is any tribunal before which this proceeding could be maintained, it is the supreme court. People ex rel. The Mayor v. Nichols, 79 N. Y. 582.
The relator, who is an honorably discharged soldier of the late civil war, was appointed crier of the…
2Cases cited19 opinions
- Smith v. . the PeopleNew York Court of Appeals · 1872
- The People Ex Rel. the Mayor v. . NicholsNew York Court of Appeals · 1880
- Rogers v. . Common Council of BuffaloNew York Court of Appeals · 1890
- Cain v. StateTexas Supreme Court · 1857
- People Ex Rel. Killeen v. . AngleNew York Court of Appeals · 1888
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