State Ex Rel. Neal v. Brethauer
Supreme Court of Connecticut
Information in the nature of quo warranto to determine the respondent’s right to the office or position of searcher of records in the department of public works of the city of New Haven, brought to and tried by the Superior Court in New Haven County, Curtis, J.; facts found and judgment rendered in favor of the relator, from which the respondent appealed. The State ex rel. Neal v. Brethauer.
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Information in the nature of quo warranto to determine the respondent’s right to the office or position of searcher of records in the department of public works of the city of New Haven, brought to and tried by the Superior Court in New Haven County, Curtis, J.; facts found and judgment rendered in favor of the relator, from which the respondent appealed. The State ex rel. Neal v. Brethauer. The charter of the city of New Haven provides for the appointment of a director of public works, invests him with large duties and powers, and prescribes that he shall appoint such clerical assistance as…
1Opinion of the CourtPrentice, J.
The relator seeks to be reinstated in a position from which he claims that he was unlawfully removed and is now unlawfully excluded. It will be unnecessary to inquire whether or not his removal was unlawful, unless it first appear that the position in question is a public office. These are quo warranto proceedings. To justify a resort to them, there must be an office legally authorized and constituted, whose incumbency is in question. State ex rel. Stage v. Mackie, 82 Conn. 398, 401, 74 Atl. 759. A public office, as that term is used in this connection, “is a right, authority and duty,…
2Cases cited2 opinions
- State Ex Rel. Stage v. MacKieSupreme Court of Connecticut · 1909
- Thompson v. TroupSupreme Court of Connecticut · 1901
3Cited by12 opinions
- State Ex Rel. Barney v. HawkinsMontana Supreme Court · 1927
- Bredice v. City of NorwalkSupreme Court of Connecticut · 1964
- Kelly v. City of BridgeportSupreme Court of Connecticut · 1930
- Carleton v. Civil Service Commission of BridgeportConnecticut Appellate Court · 1987
- State Ex Rel. Schenck v. BarrettSupreme Court of Connecticut · 1936
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