Matter of Burr v. . Voorhis
New York Court of Appeals
Appeal, by permission, from an order of the Appellate Division of the Supreme Court in the first judicial depart- • ment, entered May 28, 1920, which affirmed, as a matter of law and not in the exercise of discretion, an order of Special Term denying a motion for a premptory writ of mandamus. The facts, so far as material, are stated in the opinion. The Constitution expressly requires succession in the office of justice of the Supreme Court.
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Appeal, by permission, from an order of the Appellate Division of the Supreme Court in the first judicial depart- • ment, entered May 28, 1920, which affirmed, as a matter of law and not in the exercise of discretion, an order of Special Term denying a motion for a premptory writ of mandamus. The facts, so far as material, are stated in the opinion. The Constitution expressly requires succession in the office of justice of the Supreme Court. (Const, of 1846, art. 6, §§ 4, 13; Const, of 1867, art. 6, §§ 6, 9.) The Election Law expressly requires a separate section for each office. (Cons. Laws,…
1Opinion of the CourtCollin, J.
The appellant, William P. Burr, by his petition, sought the issuance of the writ of peremptory mandamus directing the respondents at the coming primary and general elections in 1920 “ to receive designations and nominations for the offices of Justices of the Supreme Court, each as a separate office, and to print the primary and general elections ballots, so that the candidates for each such separate office shall be contained in a separate section and so that only one office may be voted for under any title, and providing that upon the ballot there shall appear as many consecutive sections as…
2Cases cited6 opinions
- People ex rel. Jacobs v. CoffinIllinois Supreme Court · 1918
- Matter of Hopper v. . BrittNew York Court of Appeals · 1911
- People Ex Rel. Hotchkiss v. . SmithNew York Court of Appeals · 1912
- Matter of CallahanNew York Court of Appeals · 1910
- People Ex Rel. Goring v. President & Board of TrusteesNew York Court of Appeals · 1895
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3Cited by63 opinions
- County of Oneida v. BerleNew York Court of Appeals · 1980
- Grisi v. ShainswitAppellate Division of the Supreme Court of the State of New York · 1986
- Ass'n of Surrogates v. BartlettNew York Court of Appeals · 1976
- Colonial Beacon Oil Co. v. FinnAppellate Division of the Supreme Court of the State of New York · 1935
- Eiss v. SummersAppellate Division of the Supreme Court of the State of New York · 1923
58 more not listed; retrieve them via the Exa API.