People v. Cook
New York Supreme Court
This was an action in the nature of a quo warranto, brought for the purpose of testing the right of the defendant to the office of treasurer of the state.
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This was an action in the nature of a quo warranto, brought for the purpose of testing the right of the defendant to the office of treasurer of the state. The complaint was served on the 1st day of January, 1852. It alledged that the office of state treasurer had been and still was a public office of great trust and pre-eminence, and that the defendant, James M. Cook, without any legal warrant, authority or right whatsoever, had, for the space of five hours and more, last past, and since the first day of January, 1852, held, used and executed the said office of treasurer of the state of…
1Opinion of the CourtMason, P. J.
It becomes important, in this case, to determine whether the objections, which are taken to the inspectors of elections in the several cases presented in this bill of exceptions, 'are of that character which should be held to invalidate the canvass in these several localities. These objections are of a two-fold character, extending to the regularity or legality of their appointment, and of their omission to qualify, by taking the proper oath of office. I will not stop to inquire whether these inspectors, in these several cases, were inspectors de jure or not. It is sufficient that they were…
2Cases cited28 opinions
- Fowler v. BebeeMassachusetts Supreme Judicial Court · 1812
- People ex relat. Bush & Higby v. CollinsNew York Supreme Court · 1811
- Wilcox v. SmithNew York Supreme Court · 1830
- Inhabitants of Goshen v. Inhabitants of StoningtonSupreme Court of Connecticut · 1822
- In re the case of YatesNew York Supreme Court · 1809
23 more not listed; retrieve them via the Exa API.
3Cited by87 opinions
- People Ex Rel. Smith v. PeaseNew York Court of Appeals · 1863
- Dishon v. SmithSupreme Court of Iowa · 1859
- Gilleland v. SchuylerSupreme Court of Kansas · 1872
- Daniel v. SimmsWest Virginia Supreme Court · 1901
- Taylor v. TaylorSupreme Court of Minnesota · 1865
82 more not listed; retrieve them via the Exa API.