In re Mitchell
Appellate Division of the Supreme Court of the State of New York
Appeal by Samuel J. Mitchell from an order of the Supreme Court, made at the Queens County Special Term and entered in the office of the clerk of the county of Queens on the 29th day of March, 1917.
1Opinion of the Court
Jenks, P. J.:
' This appeal is from an order of the Special Term that denies a peremptory writ of mandamus. When Sheriff Stier, of Queens county, died on October 23, 1916, the relator was the under sheriff. Thereupon section 181 of the County Law (Consol. Laws, chap. 11; Laws of 1909, chap. 16) charged him in all things to execute the duties of the office as sheriff, and he undertook to do so. But his status continued only until the vacancy was supplied by election or appointment. (People v. Snedeker, 14 N. Y. 52, 59.) No appointment was made to fill the vacancy, but by proclamation of the…
2Cases cited8 opinions
- The People Ex Rel. Jackson v. . PotterNew York Court of Appeals · 1872
- People, Ex Rel. Woods v. . CrisseyNew York Court of Appeals · 1883
- Prowell v. State ex rel. HastySupreme Court of Alabama · 1904
- People, Ex Rel. Weller v. . TownsendNew York Court of Appeals · 1886
- Matter of Mitchell v. . BoyleNew York Court of Appeals · 1916
3 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Bowles v. American Distilling Co.District Court, S.D. New York · 1945
- People ex rel. Shirey v. PearsonNew York Supreme Court · 1923
- People Ex Rel. Bast v. . VoorhisNew York Court of Appeals · 1919
- Longobardi v. OakleyNew York Supreme Court · 1966
- Joseph v. CorsiAppellate Division of the Supreme Court of the State of New York · 1950
1 more not listed; retrieve them via the Exa API.