People Ex Rel. Gilbert v. . Wemple
New York Court of Appeals
Appeal from order of the General Term of the Supreme Court in the third judicial department, made November 25, 1890, which affirmed an order of Special Term directing a writ of peremptory mandamus to issue commanding the defendant, as comptroller of the state of New York, to pay to the relator the sum of $6,000 claimed to be due him for arrears of compensation as a justice of the Supreme Court, whose term of office had been abridged pursuant' to section 13 of article 6 of…
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Appeal from order of the General Term of the Supreme Court in the third judicial department, made November 25, 1890, which affirmed an order of Special Term directing a writ of peremptory mandamus to issue commanding the defendant, as comptroller of the state of New York, to pay to the relator the sum of $6,000 claimed to be due him for arrears of compensation as a justice of the Supreme Court, whose term of office had been abridged pursuant' to section 13 of article 6 of the Constitution. The facts, so far as material, are stated in the opinion. There is nothing in section 13 of article 6 of…
1Opinion of the CourtPeckham, J.
The Constitution of this state (Sec. 13, art. 6) provides that: “ The official terms of the said justices and judges, who shall be elected after the adoption of this article, shall be fourteen years from and including the first day of January next after their election. But no person shall hold the office of justice or judge of any court longer than until and including the last day of December next after he shall be seventy years of age. The compensation of every judge of the Court of Appeals, and of every justice of the Supreme Court, whose term of office shall be abridged pursuant to this…
2Cited by8 opinions
- People ex rel. New York Central & Hudson River Railroad v. WoodburyNew York Court of Appeals · 1913
- Rahill v. BronsteinNew York Court of Appeals · 1973
- Adams v. East River Savings InstitutionNew York Supreme Court · 1892
- People ex rel Woodward v. RosendaleNew York Supreme Court · 1894
- Sullivan v. HobermanAppellate Division of the Supreme Court of the State of New York · 1970
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