In re the Removal from Office of Bolte
Appellate Division of the Supreme Court of the State of New York
Application by William Travers Jerome, district attorney of the county of New York, under section 1383 of the revised Greater New York charter (Laws of 1901, chap. 466), for the removal of Herman. Bolte from the office of justice of the Municipal Court for the borough of Manhattan, second district, of the city of New York.
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Application by William Travers Jerome, district attorney of the county of New York, under section 1383 of the revised Greater New York charter (Laws of 1901, chap. 466), for the removal of Herman. Bolte from the office of justice of the Municipal Court for the borough of Manhattan, second district, of the city of New York. The proceeding was instituted by an order to show cause granted on the 12th day of June, 1903, upon the verified petition of .the district attorney, accompanied by charges and specifications filed that day. Pursuant to the requirements of the order, the respondent filed an…
1Opinion of the Court
Xattghlin, J.:
The motion to dismiss the charges collectively and separately was in the nature of a demurrer on the ground that the facts stated, if proven, would not warrant the removal of the respondent. The ■denial of the motion and the order’ of reference necessarily involved an adjudication that if all the charges, were true they would justify his removal; but they do not necessarily constitute an adjudication that any one or more of the charges standing alone would be sufficient. Many of the charges are connected .and have a material *568bearing upon one another. One, therefore, taken by…
2Cases cited3 opinions
- Matter of MooreNew York Court of Appeals · 1888
- State ex rel. Vance v. WilsonSupreme Court of Kansas · 1883
- State v. GardnerSupreme Court of Alabama · 1869
3Cited by7 opinions
- In the Matter of Del RioMichigan Supreme Court · 1978
- In re Jackson SanabriaSupreme Court of Puerto Rico · 1969
- In re the Application for the Removal from Office of DroegeAppellate Division of the Supreme Court of the State of New York · 1909
- Tynan v. Auto MartNew York Supreme Court · 1907
- In re SanabriaSupreme Court of Puerto Rico · 1969
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