People ex rel. Wood v. Draper
New York Supreme Court
Motion to dissolve an injunction. This was an action in the nature of quo warranto, brought by the People on the relation of Fernando Wood, against Simeon Draper, and four others, appointed police commissioners under the Metropolitan Police Act, passed April 8,1857. The action grew out of the same facts with the suit brought by the relator in his own name against the same defendants, proceedings in which are reported, Ante, 322. A preliminary injunction was granted in this…
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Motion to dissolve an injunction. This was an action in the nature of quo warranto, brought by the People on the relation of Fernando Wood, against Simeon Draper, and four others, appointed police commissioners under the Metropolitan Police Act, passed April 8,1857. The action grew out of the same facts with the suit brought by the relator in his own name against the same defendants, proceedings in which are reported, Ante, 322. A preliminary injunction was granted in this action, upon an ex parte application, based, on the complaint and an affidavit of the relator. The complaint of the…
1Opinion of the CourtPeabody, J.
—In this case, which is in substance an action to determine the rights of the defendants to offices into which they have entered, the plaintiffs rely on the invalidity of the law under which the defendants have derived their appointment. They allege that the statute, by virtue of which the defendants claim that they now hold the offices, is in conflict with the constitution of the State, and, therefore, void ; and being so, they ask the judgment of this court to that effect, and that defendants be ousted from the offices which they claim to hold.
This is the ultimate relief sought in this…
2Cases cited1 opinion
- Tappan v. GrayNew York Court of Chancery · 1842
3Cited by16 opinions
- Moulton v. ReidSupreme Court of Alabama · 1875
- Swinburn v. SmithWest Virginia Supreme Court · 1879
- People Ex Rel. Corscadden v. . HoweNew York Court of Appeals · 1904
- Smith v. MyersIndiana Supreme Court · 1887
- Landes v. WallsIndiana Supreme Court · 1903
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