Legal Opinion

People Ex Rel. Lawrence v. Mann

New York Court of Appeals

Decided January 20, 1885PublishedCited by 9 opinions

Appeal from order of the General Term, bf the Supreme Court, in the second judicial department, made May 13, 1884, which affirmed an order of Special Term, awarding an absolute writ of prohibition, directed to defendants, commanding them to desist -from any further proceedings in an action pending before defendant Mann as justice of the peace, brought by defendant Eerber.

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Appeal from order of the General Term, bf the Supreme Court, in the second judicial department, made May 13, 1884, which affirmed an order of Special Term, awarding an absolute writ of prohibition, directed to defendants, commanding them to desist -from any further proceedings in an action pending before defendant Mann as justice of the peace, brought by defendant Eerber. (Reported below, 32 Hun, 440.) Said Mann was elected justice of the peace for a term commencing January 1, 1884, he was seventy years of age July 11, 1881. A justice of the peace is not disqualified from acting as such after…

1Opinion of the CourtAndrews, J.

Section 12 of article 6 of the Constitution mentions the Superior Court of the city of New York, the Court of Common Pleas of the same city, the Superior Court of Buffalo and the City Court of Brooklyn, and continues them in existence by express constitutional mandate. Section 13 is as follows: “Justices of the Supreme Court shall be chosen by the electors of their respective judicial-districts. Judges of: all courts mentioned in the last preceding section shall be chosen by the electors of the cities respectively in which said courts are instituted. The official terms of the said justices…

2Cases cited3 opinions

  1. Settle v. . Van EvreaNew York Court of Appeals · 1872
  2. People Ex Rel. Joyce v. . BrundageNew York Court of Appeals · 1879
  3. People Ex Rel. Davis v. GardnerNew York Court of Appeals · 1871

3Cited by9 opinions

  1. Trustees of the Village of Saratoga Springs v. Saratoga Gas, Electric Light & Power Co.New York Court of Appeals · 1908
  2. Town of Putnam Valley v. SlutzkyNew York Court of Appeals · 1940
  3. People, Ex Rel. Lent v. . CarrNew York Court of Appeals · 1885
  4. In re MooreNew York Supreme Court · 1925
  5. People Ex Rel. Browne v. Eastern Illinois & St. Louis Railway Co.Illinois Supreme Court · 1933

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