People ex rel. Haws v. Walker
New York Supreme Court
Demurrer to a complaint. This action was brought to test the right of the defendant, J. H. ITobart Haws, to exercise the office of commissioner of jurors, for the city and county of New York, to which office the relator, William A. Walker, claimed to be entitled. The defendant demurred to the complaint.
1Opinion of the CourtMitchell, J.
The complaint is in the name of the people alone on the relation of Mr. Haws, and is to test the title of the relator, or of W. A. Walker, to the office. In such case, by the Code, “ the name of the relator shall be joined with the people as plaintiff” (Code, § 434). This defect may be cured by amendment without costs.
The complaint alleges that “ on March 4,1850, at a meeting duly convened of the justices of the Superior Court of the City of New York, the judges of the Common Pleas in and for said city, and the supervisors of the City of New York, the defendant was removed from the office of…
2Cases cited6 opinions
- Downing v. RugarNew York Supreme Court · 1839
- People, ex rel. Eastman v. SeamanNew York Supreme Court · 1848
- Ex parte WillocksNew York Supreme Court · 1827
- Field v. FieldNew York Supreme Court · 1832
- Whiteside v. People ex rel. UphamNew York Supreme Court · 1841
1 more not listed; retrieve them via the Exa API.
3Cited by21 opinions
- Brownell v. . Town of GreenwichNew York Court of Appeals · 1889
- Robertson v. PerkinsSupreme Court of the United States · 1889
- State ex rel. Gubbins v. AnsonWisconsin Supreme Court · 1907
- State ex rel. Glenn v. SteinNebraska Supreme Court · 1882
- South Milwaukee Co. v. MurphyWisconsin Supreme Court · 1902
16 more not listed; retrieve them via the Exa API.