Legal Opinion

Attorney General v. Drohan

Massachusetts Supreme Judicial Court

Decided November 24, 1897PublishedCited by 54 opinions

Information, in the nature of a quo warranto, filed July 13, 1897, by the Attorney General, to try the title to membership in the Democratic City Committee of the city of Boston. Hearing before Lathrop, J., who reserved the case upon the information, answer, and an agreed statement of facts, for the consideration of the full court. The facts appear in the opinion.

1Opinion of the CourtMorton, J.

The first question is whether the relators, as members of the Democratic City Committee of Boston, hold public offices. If they do not, this information cannot be maintained, since the Attorney General can intervene in matters of this nature only so far as they relate to public offices. For any interference with their private rights, the remedy of the relators is by proceedings in their own names against the parties in possession of the offices to which they claim to have been elected. Commonwealth v. Dearborn, 15 Mass. 125. Kenney v. Consumers' Gas Co. 142 Mass. 417. Attorney General v.…

2Cases cited9 opinions

  1. United States v. HartwellSupreme Court of the United States · 1868
  2. Brown v. RussellMassachusetts Supreme Judicial Court · 1896
  3. The People Ex Rel. Kelly v. . Common CouncilNew York Court of Appeals · 1879
  4. The People Ex Rel. v. . NostrandNew York Court of Appeals · 1871
  5. Attorney General v. SullivanMassachusetts Supreme Judicial Court · 1895

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3Cited by54 opinions

  1. Bradley v. Board of Zoning AdjustmentMassachusetts Supreme Judicial Court · 1926
  2. Bell v. Treasurer of CambridgeMassachusetts Supreme Judicial Court · 1941
  3. Opinion of the Justices to the SenateMassachusetts Supreme Judicial Court · 1939
  4. In re DawsonAppellate Division of the Supreme Court of the State of New York · 1931
  5. Attorney General v. TillinghastMassachusetts Supreme Judicial Court · 1909

49 more not listed; retrieve them via the Exa API.

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