Petterson v. Welles
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, John Petterson, from an order of the 'Supreme Court, made at the Kings County Special Term and entered in the office of the clerk of the county of Kings on the 9th day of January, 1896, adjudging that Gerard B. Van Wart is entitled to the office of justice of the peace for the second judicial district of the city of Brooklyn.
1Opinion of the Court
Brown, P. J.:
At the general election held in 1891 the appellant was elected to the office of justice of the peace for the second judicial district of the city of Brooklyn.
The term of his office was four years, and by the provisions of the law then in force would have expired on the 30th day of April, 1896.
The respondent was, at the last general election, elected as the successor of the appellant.
It is the contention of the respondent that the appellant’s term of office was abridged by section 3 of article 12 of the Constitution, which took effect on January 1, 1895, and that, pursuant to the…
2Cases cited2 opinions
- The People Ex Rel. Sinkler v. . TerryNew York Court of Appeals · 1888
- Geraty v. . ReidNew York Court of Appeals · 1879
3Cited by4 opinions
- In re SchultesAppellate Division of the Supreme Court of the State of New York · 1898
- Reid v. Stevens, New York County Courts1910
- Schwartz v. PalmAppellate Division of the Supreme Court of the State of New York · 1914
- In re MarklandAppellate Division of the Supreme Court of the State of New York · 1911