People Ex Rel. Noble v. . Mitchel
New York Court of Appeals
Appeal from an order of the Appellate Division of the Supreme Court in the second judicial department, entered November 12, 1915, which reversed an order of Special Term granting a motion for a peremptory writ of mandamus. The facts, so far as material, are stated in the opinion.
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Appeal from an order of the Appellate Division of the Supreme Court in the second judicial department, entered November 12, 1915, which reversed an order of Special Term granting a motion for a peremptory writ of mandamus. The facts, so far as material, are stated in the opinion. If, as the relator claims, the amendments to the Code impose new and additional duties upon him, which he is obliged to perform, for which he is entitled to compensation, under section 26 of the Judiciary Law, then the later legislation, to that extent, is unconstitutional. (People ex rel. Mitchell v. Haws, 11 Abb.…
1Opinion of the CourtChase, J.
The relator was duly elected the surrogate of the county of Queens at the general election in 1910, and his term of office as surrogate of said county had not expired in 1915.
By chapter 443 of the Laws of 1914, which took effect September 1, 1914, chapter eighteen of the Code of Civil Procedure “ in relation to surrogates and the practice and procedure in Surrogate’s Courts ” was revised, and section 2538 thereof now provides, “In any proceeding in which any controverted question of fact arises, of which any party has constitutional right of trial by jury, and in any proceeding for the…
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