People Ex Rel. Snyder v. . Hylan
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the second judicial department, entered June 13, 1914, affirming a judgment in favor of plaintiff entered upon a verdict directed by the court in an action of quo warranto. The facts, so far as material, are stated in the opinion.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the second judicial department, entered June 13, 1914, affirming a judgment in favor of plaintiff entered upon a verdict directed by the court in an action of quo warranto. The facts, so far as material, are stated in the opinion. On January 1,1914, two new county judgeships for Kings county came into existence — two new offices having been created by the amendment of section 14 of article 6 of the Constitution, by the affirmative action of the electors of the state at the election held in November, 1913. (Whitman v.…
1Opinion of the Court
Willard Bartlett, Ch. J.
On March 27th, 1911, the governor appointed John R Hylan and Robert H. Eoy county judges of Kings county. On April 1, 1911, these gentlemen took and filed the constitutional oath of office and shortly afterward they entered upon the discharge of their judicial duties. This action was brought to test the validity of their appointment; and both at Trial Term and in the Appellate Division it has resulted in an adjudication to the effect that the governor’s action in appointing them was without authority of law.
The appointments were made under the amendment to section 11…
2Cases cited5 opinions
- Stocking v. StateIndiana Supreme Court · 1855
- State ex rel. Smith v. AskewSupreme Court of Arkansas · 1886
- State ex rel. Rambo v. MaloneyTennessee Supreme Court · 1892
- Matter of QuinnNew York Court of Appeals · 1897
- Walker v. HenryWest Virginia Supreme Court · 1892
3Cited by22 opinions
- Handlon v. Town of BellevilleSupreme Court of New Jersey · 1950
- Fields v. EuCalifornia Supreme Court · 1976
- Reed v. McKeldinCourt of Appeals of Maryland · 2001
- State ex rel. Patterson v. LentzMontana Supreme Court · 1915
- Wallace v. PayneCalifornia Supreme Court · 1925
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