People Ex Rel. Healy v. . Leask
New York Court of Appeals
Appeal from order of tlie General Term of the Court of Common Pleas of the city and county of ISTew York setting aside a verdict and granting a new trial. This action was in the nature of a quo wa/rrambo to try the title to the office of clerk of the Eighth District Court of the city of ISTew York.
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Appeal from order of tlie General Term of the Court of Common Pleas of the city and county of ISTew York setting aside a verdict and granting a new trial. This action was in the nature of a quo wa/rrambo to try the title to the office of clerk of the Eighth District Court of the city of ISTew York. Healey, the relator, was appointed clerk of said court Hay 20, 1872, by the justice for the district, under the provisions of chapter 438, Laws of 1872. The term of office of the justice expired December 31, 1875, and the new incumbent on January 1, 1876, appointed defendant as clerk, who thereupon…
1Opinion of the CourtFolg-eb, J.
By an act of 1872, (Laws of 1872, p. 1031, chap. 438, § 1), it was provided that there should be a clerk in each of the district courts of the city of Hew York. The power of appointment of the clerk of each court was, by the same act, given to the justice of each court; (People ex rel. Hogan v. Flynn, 62 N. Y., 375.) The person appointed was to take office immediately after his appointment; and the term of office of him who was then an incumbent was thereupon to cease. The new incumbent was, by the act, to hold office as was prescribed by law at the passage of that act.
When this act was…
2Cases cited2 opinions
- People Ex Rel. Loew v. BatchelorNew York Court of Appeals · 1860
- People Ex Rel. Hogan v. . FlynnNew York Court of Appeals · 1875
3Cited by2 opinions
- Matter of Trounstine v. . BrittNew York Court of Appeals · 1914
- Barrows v. Riss Co., Inc.Missouri Court of Appeals · 1944