In re the Application of Brenner
Appellate Division of the Supreme Court of the State of New York
Appeal by William E. Melody from an order of the Supreme 'Court, made at the Kings County Special Term arid entered in the office of the clerk of the county of Kings on-the 4th day of June, 1901, committing the said William E. Melody to the county jail of Kings county until he delivers to Jacob Brenner, all the books and papers appertaining and belonging to the office of commis sioner of jurors of Kings county, or until he is otherwise discharged according to law.
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Appeal by William E. Melody from an order of the Supreme 'Court, made at the Kings County Special Term arid entered in the office of the clerk of the county of Kings on-the 4th day of June, 1901, committing the said William E. Melody to the county jail of Kings county until he delivers to Jacob Brenner, all the books and papers appertaining and belonging to the office of commis sioner of jurors of Kings county, or until he is otherwise discharged according to law. This appeal was transferred from the second department, to the third department. On May 13, 1901, pursuant to chapter 602 of the…
1Opinion of the Court
Edwards, J.:
The application for the order was made under section 2471a of the Code of Civil Procedure. The ground of the resistance of-the application was, that the appointment of the applicant-under chapter 602 of the Laws of 1901 is in contravention of section 2 of article 10 of the Constitution, and for this reason is void.
The learned counsel, for the respondent urges two distinct and independent grounds for sustaining the order: First. That the respondent established & prima facie right to the office; and, second, that the act under which his appointment was made is constitutional. He…
2Cases cited11 opinions
- The People v. . Simeon DraperNew York Court of Appeals · 1857
- People Ex Rel. Bolton v. . AlbertsonNew York Court of Appeals · 1873
- The People Ex Rel. Jackson v. . PotterNew York Court of Appeals · 1872
- The People v. . PinckneyNew York Court of Appeals · 1865
- The People v. . RaymondNew York Court of Appeals · 1868
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3Cited by9 opinions
- Ex parte CorlissNorth Dakota Supreme Court · 1907
- State v. BollnWyoming Supreme Court · 1902
- In re BreartonNew York Supreme Court · 1904
- In re HeafyAppellate Division of the Supreme Court of the State of New York · 1936
- People v. DamronAppellate Division of the Supreme Court of the State of New York · 1913
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