In re Tyler
New York Supreme Court
Appeal by Moses Coit Tyler, as ancillary administrator, with the will annexed, of John Tyler, deceased, from an order, entered in the clerk’s office of Tompkins county on the 8th day of December, 1890, denying his application for a writ of mandamus to the Board of Supervisors of Tompkins County, requiring it to audit and pay a claim of said John Tyler for services while acting as surrogate in the county of Tompkins.
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Appeal by Moses Coit Tyler, as ancillary administrator, with the will annexed, of John Tyler, deceased, from an order, entered in the clerk’s office of Tompkins county on the 8th day of December, 1890, denying his application for a writ of mandamus to the Board of Supervisors of Tompkins County, requiring it to audit and pay a claim of said John Tyler for services while acting as surrogate in the county of Tompkins. In the year 1888 John Tyler was the special county judge of the county of Tompkins, receiving a salary as such. From February 9, 1888, to March eighth of the same year, Hon.…
1Opinion of the Court
MaiotN, J.:
Section 16 of article 6 of the Constitution of the State of New York provides: “The legislature may, on application of the board of supervisors, provide for the election of local officers not to exceed two in any county, to discharge the duties of county judge and of surrogate in cases of their inability or of a vacancy, and to exercise such other powers in special cases as may be provided by law.”
In pursuance of this provision of the Constitution, the legislature, In 1858, passed an act declaring that there should be elected in Tompkins county a local officer “to discharge the…
2Cases cited1 opinion
- People ex rel. Byrnes v. GreenNew York Supreme Court · 1872