New York Court of Appeals

The People of the State of New York Ex Rel. Samuel W. Jackson, Appellants v. Joseph Potter, Respondent

January 30, 187247 N.Y. 375

Summary

The Court held that the Governor's appointment to fill the vacancy created by Justice Eosekrans's resignation on November 6, 1871 was limited to the remainder of the unexpired term, ending December 31, 1871, and could not extend into the new fourteen‑year term that began January 1, 1872. Accordingly, the appointment of Samuel W. Jackson ended on that date and Joseph Potter, elected at the November 7 election, became the rightful justice for the full term.