Guden v. Dike
New York Supreme Court
This is an application under section 2471a of the Code of Civil Procedure to compel the delivery of books and papers belonging to the office of sheriff of Kings county.
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This is an application under section 2471a of the Code of Civil Procedure to compel the delivery of books and papers belonging to the office of sheriff of Kings county. The applicant was duly elected as sheriff of Kings county, and qualified and entered into the office on January 1, 1902. Charges were thereafter filed against him with the Governor, and after a hearing the Governor made a certificate dated March Ith, 1902, purporting to remove the applicant from the office, and thereupon made a certificate purporting to appoint Mr. Dike the respondent to fill the alleged vacancy thus created.…
1Opinion of the Court
Gayttor, J.:
It is not a pleasant thing to have to decide this case. It is peculiarly irksome and delicate to enter into an investigation of an act of the Governor of the State, and decide whether he exceeded his constitutional powers.
The question involved is whether the act of the Governor in removing Charles Guden from the elective office of sheriff of Kings county was within the powers conferred upon the Governor by the people of the State through the Constitution, or whether it was what is called in law a usurpation of power, and therefore void.
The claim of the applicant is that his…
2Cases cited7 opinions
- State ex rel. Hart v. Common CouncilSupreme Court of Minnesota · 1893
- People Ex Rel. Lawrence v. . BradyNew York Court of Appeals · 1874
- Speed v. Common CouncilMichigan Supreme Court · 1894
- Commonwealth v. ShaverSupreme Court of Pennsylvania · 1842
- People Ex Rel. Smith v. . HoffmanNew York Court of Appeals · 1901
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3Cited by1 opinion
- Charges v. TheofelNew York Surrogate's Court · 1932