In re Brenner
New York Supreme Court
Morion for a stay on appeal from an order herein requiring the respondent, who holds the office- of Commissioner of Jurors of the county of Kings, to deliver to the petitioner the books and papers of such office.
1Opinion of the Court
Gaynor, J.:
Of course the stay on appeal must be granted. There is no reason to deny it. There is conceded to be a grave question of the constitutionality of the act under which the petitioner was appointed to the office. That being so, the petitioner is without that clear legal title to the office which is necessary to entitle him to an order requiring the books and papers of the office to be turned over to him by the incumbent. The statute (Code Civ. Pro. sec. 2471a) allowing an application like this by “ a public officer ” for a summary order committing to jail any one who has possession of…
2Cases cited15 opinions
- The People v. . Simeon DraperNew York Court of Appeals · 1857
- People Ex Rel. Bolton v. . AlbertsonNew York Court of Appeals · 1873
- People Ex Rel. Burby v. . HowlandNew York Court of Appeals · 1898
- Rathbone v. . WirthNew York Court of Appeals · 1896
- Warner v. People ex rel. ConnerNew York Supreme Court · 1845
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3Cited by1 opinion
- Johnson v. Coca Cola Bottling Co. of Willmar, Inc.Supreme Court of Minnesota · 1952