In re Markland
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendants, Patrick J. Scully, city clerk, etc., and others, from an order of the Supreme Court, made at the Kings County Special Term and entered in the office of the clerk of the county of Kings on the 15th day of September, 1911, granting a peremptory writ of mandamus directed to said city clerk, commanding him to make and transmit to the custodian of primary records a notice specifying the office of the Municipal Court justice for the sixth Municipal Court…
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Appeal by the defendants, Patrick J. Scully, city clerk, etc., and others, from an order of the Supreme Court, made at the Kings County Special Term and entered in the office of the clerk of the county of Kings on the 15th day of September, 1911, granting a peremptory writ of mandamus directed to said city clerk, commanding him to make and transmit to the custodian of primary records a notice specifying the office of the Municipal Court justice for the sixth Municipal Court district of the borough of Brooklyn as one of those to be voted for at the election in 1911, and also directed to J.…
1Opinion of the Court
Burr, J.:
In 1907 the revised charter of the city of New York was amended to read as follows: “Vacancies occurring in the office *352of justice of said court [the Municipal Court of the City of New York], otherwise than by expiration of term, shall be filled at the next general election in an odd numbered year happening not less than ■ three months after such vacancy occurs, for a full term, commencing, on the first day of January next after said election; and the mayor of the city shall appoint some proper person-to fill such vacancy in -the interim within twenty days after the same occurs.”…
2Cases cited8 opinions
- Worthington v. London Guarantee & Accident Co.New York Court of Appeals · 1900
- The People Ex Rel. Sinkler v. . TerryNew York Court of Appeals · 1888
- Geraty v. . ReidNew York Court of Appeals · 1879
- People Ex Rel. Davies v. CowlesNew York Court of Appeals · 1856
- People v. . DooleyNew York Court of Appeals · 1902
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3Cited by1 opinion
- People ex rel. Conklin v. BoyleNew York Supreme Court · 1917