Legal Opinion

Smith v. Cosgrove

Supreme Court of Vermont

Decided January 28, 1899PublishedCited by 4 opinions

Petition to the supreme court for the county of Chittenden for a writ of quo warranto. Heard on complaint, answer and evidence at the October term, 1898. At the time of the passage of the charter of 1896, provision was make whereby all city officials should fill out their respective terms of office, as will be seen by examination of § 277 of the charter of 1896, a part of which is as follows: “And the mayor and aldermen of said city and all city officials holding office…

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Petition to the supreme court for the county of Chittenden for a writ of quo warranto. Heard on complaint, answer and evidence at the October term, 1898. At the time of the passage of the charter of 1896, provision was make whereby all city officials should fill out their respective terms of office, as will be seen by examination of § 277 of the charter of 1896, a part of which is as follows: “And the mayor and aldermen of said city and all city officials holding office therein under and by virtue of the general laws of this State, or the acts or part of acts hereby amended and repealed,…

1Opinion of the CourtStart, J.

The complainant was appointed chief of police for the city of Burlington, on the 16th day of March, 1898, and he contends that his term of office is for three years from the date of his appointment. The respondent claims, that Jerome Dumas was, on the 25th day of April, 1895, appointed chief of police; that his term of office was for three years from that date; that he held the office until his death, Feb. 4, 1898; that the complainant’s appointment was, under the charter, for the unexpired term of Jerome Dumas’s appointment; that the term for which the complainant was appointed expired on…

2Cases cited6 opinions

  1. People ex rel. Gallup v. GreenNew York Supreme Court · 1829
  2. People, Ex Rel. Weller v. . TownsendNew York Court of Appeals · 1886
  3. Crowell v. LambertSupreme Court of Minnesota · 1864
  4. People ex rel. Attorney General v. BurbankCalifornia Supreme Court · 1859
  5. Sansbury v. MiddletonCourt of Appeals of Maryland · 1857

1 more not listed; retrieve them via the Exa API.

3Cited by4 opinions

  1. Clark v. State, ex rel. GravesSupreme Court of Alabama · 1912
  2. Finley v. CombsSupreme Court of Oklahoma · 1903
  3. Wilson v. McCarronSupreme Judicial Court of Maine · 1914
  4. State ex rel. Burdick v. SchnitgerWyoming Supreme Court · 1908

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