People ex rel. Platner v. Jones
New York Supreme Court
Quo warranto. On the 4th May, 1836, the attorney general on the relation of Jonas Rlatner, junior, filed an information in the nature of a quo warranto, charging the defendant with exercising the office of constable, m the town of Cherry Valley, since the 2d March, 1836, without any legal election, appointment, warrant or authority whatsoever; that at the annual town meeting of the citizens of Cherry Valley on the first Tuesday of March, 1836, the electors of the town…
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Quo warranto. On the 4th May, 1836, the attorney general on the relation of Jonas Rlatner, junior, filed an information in the nature of a quo warranto, charging the defendant with exercising the office of constable, m the town of Cherry Valley, since the 2d March, 1836, without any legal election, appointment, warrant or authority whatsoever; that at the annual town meeting of the citizens of Cherry Valley on the first Tuesday of March, 1836, the electors of the town determined that the number of constables to be chosen for the ensuing year should be three; that the relator was duly elected…
1Opinion of the Court
By the Court,
Bronson, J.
The information is for exercising the office of constable without any legal election, warrant or authority since the annual town meeting in March, 1836. Town officers hold for one yeai and until others are chosen or appointed in their places and have qualified (2 R. S. 347. § 30). The defendant makes title by alleging that he was chosen a constable in March, 1835, and that no other person has since been chosen or appointed and qualified in his place. On that ground he claims the right to hold over after the expiration of the year for which he was elected. In the second…
2Cited by8 opinions
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- In re Union InsuranceNew York Supreme Court · 1840
- People ex rel. Smith v. PeaseNew York Supreme Court · 1860
- Pansmith v. WilliamsNew York Supreme Court · 1951
- Seneca Nation of Indians v. JohnNew York Supreme Court · 1891
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