In Re the Application for the Removal From Office of King
New York Court of Appeals
Appeal from order of the General Term of the Supreme Court in the fifth judicial department, made October 11,1889, which certified and taxed the expenses of a reference under chapter 354 of the Laws of 1880. Also motion by Calvin S. Grosser, the complainant, for leave to withdraw his appeal from that part of said order which dismissed the proceeding.
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Appeal from order of the General Term of the Supreme Court in the fifth judicial department, made October 11,1889, which certified and taxed the expenses of a reference under chapter 354 of the Laws of 1880. Also motion by Calvin S. Grosser, the complainant, for leave to withdraw his appeal from that part of said order which dismissed the proceeding. In 1888, Calvin S. Grosser piesented to the General Term charges of official misconduct against Thomas S. King, as police justice of the city of Buflalo, who appeared and denied the same. An order ivas thereupon made appointing a referee to take…
1Opinion of the CourtVann, J.
While the Constitution authorizes the removal from office of “justices of the peace and judges or justices of inferior courts not of record,” by such courts as may be prescribed by law, it contains no provision for the allowance of the costs or expenses of the proceeding. (Oons. St. of FT. Y. art. 6, § 18.) We have been referred to no statute that is claimed to authorize the action of the learned General Term in taxing and certifying the amount allowed to compensate counsel, except the following section of the Judiciary Act of 1847, as subsequently amended:
“Justices of the peace and judges,…
2Cases cited1 opinion
- Matter Of, Etc., N.Y., W.S. B.R. Co.New York Court of Appeals · 1884
3Cited by5 opinions
- In Re the Removal From Office of DroegeNew York Court of Appeals · 1909
- People ex rel. Guibord v. KelloggAppellate Division of the Supreme Court of the State of New York · 1897
- Handler v. BerryNew York Supreme Court · 1931
- Industrial Trust Company v. WinslowSupreme Court of Rhode Island · 1938
- People ex rel. Guibord v. KelloggAppellate Division of the Supreme Court of the State of New York · 1897