Seymour v. Mercer
New York Supreme Court
Motion by the defendant to vacate order of arrest. The facts are stated in the following opinion.
1Opinion of the Court
Welles, Justice.
The order of arrest was granted by C. W. Haynes, special surrogate of the county of Cayuga. It appears that, at the time the order was granted, there was a county judge, and also a surrogate in and for said county—the offices being separate and held by different persons; that there was then no vacancy in the office of county judge, nor any inability on the part of that officer to perform his duties as such. Mr. Haynes was elected a local officer to discharge the duty of surrogate for Cayuga county, in pursuance of § 1 of chap. 306, of the Sess. Laws of 1849. (1 R. S. 4 ed.…
2Cited by7 opinions
- Douglas v. StateAppellate Division of the Supreme Court of the State of New York · 1945
- Matter of Rudd v. HazardNew York Court of Appeals · 1935
- Aldinger v. PughNew York Supreme Court · 1890
- Douglas v. StateNew York Court of Claims · 1945
- Thrasher v. BentleyNew York Court of Appeals · 1875
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