People v. . McClellan
New York Court of Appeals
Appeal, by permission, from an order of the Appellate Division of the Supreme Court in the first judicial department, entered February 18, 1908, which reversed an order of Special Term denying a motion for a further bill of particulars. The nature of the action, the facts, so far as material, and the questions certified, are stated in the opinion.
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Appeal, by permission, from an order of the Appellate Division of the Supreme Court in the first judicial department, entered February 18, 1908, which reversed an order of Special Term denying a motion for a further bill of particulars. The nature of the action, the facts, so far as material, and the questions certified, are stated in the opinion. In an action in the nature of quo warranto, brought by the People to obtain a judgment of ouster from an elective office, the ballots themselves are common-law evidence, if identified, and constitute, if they have been preserved inviolate, the…
1Opinion of the CourtHaight, J.
This action is in the nature of a quo warranto brought by the attorney-general to oust the defendant George B. McClellan from the office of mayor of the city of New York and to seat William B. Hearst as such mayor, upon the ground that at the election of mayor in that city in the fall of 1905 the defendant Hearst was elected as such mayor instead of the defendant McClellan.
After issue had been joined in the action an order was obtained upon the application of the defendant McClellan, requiring the attorney-general to furnish him with a bill of particulars of the allegations of subdivisions 4,…
2Cases cited4 opinions
- People Ex Rel. Dailey v. . LivingstonNew York Court of Appeals · 1879
- People Ex Rel. Brink v. . WayNew York Court of Appeals · 1904
- Matter of Hearst v. . WoelperNew York Court of Appeals · 1905
- Matter of Metz v. . MaddoxNew York Court of Appeals · 1907
3Cited by26 opinions
- People v. CarterNew York Court of Appeals · 1975
- Quigley v. PhelpsWashington Supreme Court · 1913
- State Ex Rel. Peacock v. LathamSupreme Court of Florida · 1936
- Goecker v. McOskerIndiana Supreme Court · 1912
- Logan v. YoungSupreme Court of Oklahoma · 1926
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