The People v. . Carpenter
New York Court of Appeals
Appeal from the Supreme Court. Action in the nature of quo warranta, brought by the attorney-general in the name of the People to test the right of the defendant to exercise the duties and powers of the office of supervisor of the town of Afton, in the county of Chenango.
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Appeal from the Supreme Court. Action in the nature of quo warranta, brought by the attorney-general in the name of the People to test the right of the defendant to exercise the duties and powers of the office of supervisor of the town of Afton, in the county of Chenango. The complaint alleged that he had unlawfully usurped the duties of the office of supervisor of that town, and prayed judgment that he might be ousted and excluded therefrom It further alleged that no such town legally exists, and that such acts of. the defendant are without authority of law. In answer, it was set up that the…
1Opinion of the CourtDavies, J.
No question is made upon the legality of the defendant’s election; and the decision of the case turns upon the sole point, whether the town of Afton has been legally created. If such an office exists as that of supervisor of the town of Afton, it is not denied that the defendant is entitled to discharge its duties. And it is conceded that the solution of that question depends on the fact whether or not the town of Afton has a legal existence.
It was made a question on the argument, whether this action was the appropriate remedy, to bring up for decision "that point. It was said, that if there…
2Cases cited2 opinions
- Ex Parte J. B. Elmendorf v. Mayor of New-YorkNew York Supreme Court · 1841
- Smith v. HelmerNew York Supreme Court · 1849
3Cited by38 opinions
- In re Incorporation of Village of North MilwaukeeWisconsin Supreme Court · 1896
- Ewing v. State Ex Rel. PollardTexas Supreme Court · 1891
- People ex rel. Shumway v. BennettMichigan Supreme Court · 1874
- Cochran v. McClearySupreme Court of Iowa · 1867
- Territory of Washington ex rel. Kelly v. StewartWashington Supreme Court · 1890
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