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.…
1Opinion of the Court
Cullen, Ch. J.
This action is in the nature of quo warranto brought by the People to oust from office the defendants, who were appointed commissioners of the Board of Claims under chapter 856 of the Laws of 1911, and to reinstate the relators as judges of the so-called Court of Claims which the act referred to purported to abolish.
The only question involved is the constitutionality of this act of the legislature. . The history of the disposition of private claims against the state is as follows: The state, being sovereign, is immune from suit except in the Supreme Court of the United States at…
2Cases cited11 opinions
- People Ex Rel. Fowler v. BullNew York Court of Appeals · 1871
- Landers v. . Staten Island R.R. Co.New York Court of Appeals · 1873
- Cole v. . the State of New YorkNew York Court of Appeals · 1886
- The People Ex Rel. Sinkler v. . TerryNew York Court of Appeals · 1888
- Koch v. Mayor of New YorkNew York Court of Appeals · 1897
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3Cited by54 opinions
- Kagen v. KagenNew York Court of Appeals · 1968
- Smith v. . State of New YorkNew York Court of Appeals · 1920
- Busch Jewelry Co. v. United Retail Employees' Union Local 830New York Court of Appeals · 1939
- Easley v. New York State Thruway AuthorityNew York Court of Appeals · 1956
- Walkinshaw v. O'BrienSupreme Court of Connecticut · 1943
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