People Ex Rel. Swift v. . Luce
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the third judicial department, entered January 12, 1912, affirming a judgment in favor of defendants entered upon a dismissal of the complaint hy the court on trial at Special Term. The nature of the action and the facts, so far as material, are stated in the opinion. The Constitution having expressly provided a method for the removal of judicial officers, no other can he resorted to.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the third judicial department, entered January 12, 1912, affirming a judgment in favor of defendants entered upon a dismissal of the complaint hy the court on trial at Special Term. The nature of the action and the facts, so far as material, are stated in the opinion. The Constitution having expressly provided a method for the removal of judicial officers, no other can he resorted to. The legislature cannot do indirectly what it cannot do directly. (People ex rel. Burby v. Howland, 155 N. Y. 272; People ex rel. Bolton v.…
1DissentGray, J.
The purpose of this action, brought by the attorney-general of the state, is to test the right of the defendants to the offices heretofore held by the relators, as judges of the Court of Claims, by obtaining the judgment of the court upon the question of the constitutionality of chapter 856 of the Laws of 1911. That act purported to amend sections 263, 266, 268, 279 and 280 of the Code of Civil Procedure, which relate to the Court of Claims. Sections 263 to 281 con-, stitute title III of chapter III of the Code and were enacted in 1897. (Laws 1897, chap. 36.) The effect of their enactment…
2Cases cited8 opinions
- The People v. . Simeon DraperNew York Court of Appeals · 1857
- People Ex Rel. Bolton v. . AlbertsonNew York Court of Appeals · 1873
- Worthington v. London Guarantee & Accident Co.New York Court of Appeals · 1900
- Settle v. . Van EvreaNew York Court of Appeals · 1872
- Quayle v. . State of New YorkNew York Court of Appeals · 1908
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