Whiteside v. People ex rel. Upham
New York Supreme Court
ERROR from the Supreme Court. The attorney-general on the relation of Ebenezer P. Upham, on the second day of January, 1839, filed an information in the nature of a quo warranto, charging Robertson Whiteside with having on the sixth day of December, 1838, intruded into the office of treasurer of the county of Chautauque, without lawful authority; and with having since that time held the same, claiming to be such treasurer, and to have use and enjoy the liberties, privileges,…
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ERROR from the Supreme Court. The attorney-general on the relation of Ebenezer P. Upham, on the second day of January, 1839, filed an information in the nature of a quo warranto, charging Robertson Whiteside with having on the sixth day of December, 1838, intruded into the office of treasurer of the county of Chautauque, without lawful authority; and with having since that time held the same, claiming to be such treasurer, and to have use and enjoy the liberties, privileges, franchises and emoluments appertaining to the office. The attorney-general also alleged, that Ebenezer P. Upham, the…
1Opinion of the Court
After advisement, the following opinions were delivered:
By Senator Dickinson.
Two questions are presented in this case: 1st. Was the relator legally removed from the office of treasurer of the county of Chautauque 'i and 2d. Was the plaintiff in error duly appointed to that office 1
County treasurers now are, and ever have been, with the exception of the four years from 1836 to 1840, appointed by the boards of supervisors alone, and removable at their pleasure. During those four years the judges of the courts of common pleas were by law associated with the supervisors, in the appointment and…
2Cases cited2 opinions
- People v. AllenNew York Supreme Court · 1831
- Ex parte HumphreyNew York Supreme Court · 1834
3Cited by11 opinions
- People ex rel. Haws v. WalkerNew York Supreme Court · 1856
- People ex rel. Churchyard v. Board of Councilmen of BuffaloThe Superior Court of the City of New York and Buffalo · 1892
- Northumberland County Bank v. EyerSupreme Court of Pennsylvania · 1868
- State Ex Rel. Shennonhouse v. WithersSupreme Court of North Carolina · 1897
- Beck v. HanscomSuperior Court of New Hampshire · 1854
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