People ex rel. Domschke v. Messenger
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Lawrence Messenger, from a judgment of the Supreme Court in favor of the relator, entered in the office of the clerk of the county of Kings on the 13th day of December, 1921, upon the decision of the court rendered after a trial at the Kings Special Term, a jury having been waived.
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Appeal by the defendant, Lawrence Messenger, from a judgment of the Supreme Court in favor of the relator, entered in the office of the clerk of the county of Kings on the 13th day of December, 1921, upon the decision of the court rendered after a trial at the Kings Special Term, a jury having been waived. This was an action in quo warranto, the plaintiff relator alleging that he was entitled to the office of assistant clerk of the Municipal Court of the City of New York, Seventh District, Borough of Brooklyn, from which he was unlawfully excluded by the defendant. On December 31,1913, one…
1Opinion of the Court
Kelly, J.:
The defendant’s case is based upon the contention that section 1373 of the charter, providing inter alia that clerks and assistant clerks of the Municipal Court shall continue to hold office for the remainder of their respective terms and that successors of such clerks and assistant clerks shall be appointed for a term of six years from the date of appointment, controls the situation, and that defendant Messenger having been appointed on July 5, 1918, to fill a vacancy occasioned by the resignation of Ward (the regular assistant clerk appointed for a regular term of six years from…
2Cases cited6 opinions
- People Ex Rel. Joyce v. . BrundageNew York Court of Appeals · 1879
- Matter of JannickyNew York Court of Appeals · 1913
- Stuber v. . ColerNew York Court of Appeals · 1900
- Stuber v. ColerAppellate Division of the Supreme Court of the State of New York · 1900
- DeZur v. ProvostAppellate Division of the Supreme Court of the State of New York · 1904
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3Cited by2 opinions
- Bailey v. BerryAppellate Division of the Supreme Court of the State of New York · 1933
- Welling v. BissellNew York Supreme Court · 1939