United States ex rel. Frizzell v. Newman
District of Columbia Court of Appeals
Hearing on an appeal by the relator from a judgment of the Supreme Court of the District of Columbia dismissing bis petition fór a writ of quo warranto to test the right of respondent to hold the office of Civil Commissioner of the District of Columbia.
Read the full summary
Hearing on an appeal by the relator from a judgment of the Supreme Court of the District of Columbia dismissing bis petition fór a writ of quo warranto to test the right of respondent to hold the office of Civil Commissioner of the District of Columbia. The Court in the opinion stated the facts as follows: Delator, William J. Frizzell, by leave of court filed a petition praying for a writ of quo warranto to test the right of respondent, Oliver P. Newman, to hold the office of civil commissioner of the District of Columbia. The writ was accordingly issued, and for a return respondent demurred…
1Opinion of the CourtJustice Van Orsdel
The judgment of the court below is based upon two grounds: First, that the relator, as a citizen and taxpayer, is not an “interested person” within the meaning of the statute, and therefore has no legal standing to apply for the writ; and, second, even conceding that he has such standing, the dismissal of the petition must logically follow, “because it makes no showing that the determination by the President and the Senate as to the qualifications of the respondent was reached otherwise than in the exercise of a reasonable discretion, and, accordingly, their determination was final.”
We shall…
2Cases cited38 opinions
- Marbury v. MadisonSupreme Court of the United States · 1803
- The Floyd AcceptancesSupreme Court of the United States · 1869
- Union Pacific Railroad v. HallSupreme Court of the United States · 1876
- Shurtleff v. United StatesSupreme Court of the United States · 1903
- Parsons v. United StatesSupreme Court of the United States · 1897
33 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- State Ex Rel. Repay v. FodemanConnecticut Superior Court · 1972