People ex rel. O'Brien v. Green

New York Supreme Court

People ex rel. O'Brien v. Green

45 How. Pr. 150

DecidedMarch 15, 1873

StatusPublished

This text of 45 How. Pr. 150 (People ex rel. O'Brien v. Green) is published on Counsel Stack Legal Research, covering New York Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

People ex rel. O'Brien v. Green, 45 How. Pr. 150 (N.Y. Super. Ct. 1873).

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Opinion

Fancher, J.

The crier of the superior court “ was lawfully appointed by the justices of that court, under section 39 of the Code of Procedure. His salary was lawfully fixed, and is to be paid by the county of Hew York. The mandamus applied for must be granted.”

On the return day a stay of proceedings was granted, and an appeal taken to the general term.

By consent, the appeal was argued March 22d at a general term, composed of Ingraham, P. J.. and Davis, J.

At the close of the argument the court at once affirmed the order below.

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Fancher, J.

The crier of the superior court “ was lawfully appointed by the justices of that court, under section 39 of the Code of Procedure. His salary was lawfully fixed, and is to be paid by the county of Hew York. The mandamus applied for must be granted.”

On the return day a stay of proceedings was granted, and an appeal taken to the general term.

By consent, the appeal was argued March 22d at a general term, composed of Ingraham, P. J.. and Davis, J.

At the close of the argument the court at once affirmed the order below.

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Bluebook (online)

45 How. Pr. 150, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-ex-rel-obrien-v-green-nysupct-1873.