People ex rel. Peabody v. Attorney General
New York Supreme Court
Application for a mandamus. The papers upon which the motion was founded stated, that at the general election of judges, held in November, 1855, the relator (Charles A. Peabody) was voted for by the electors of the First Judicial District to fill the vacancy occasioned by the death of Robert H. Morris, one of the justices of the Supreme Court. The relator claimed that he was duly elected to fill such vacancy.
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Application for a mandamus. The papers upon which the motion was founded stated, that at the general election of judges, held in November, 1855, the relator (Charles A. Peabody) was voted for by the electors of the First Judicial District to fill the vacancy occasioned by the death of Robert H. Morris, one of the justices of the Supreme Court. The relator claimed that he was duly elected to fill such vacancy. The relator further alleged that Henry E. Davies, without any legal warrant, authority, or right, had, since February 18,1856, held, used, and exercised the office, and continued to do…
1Opinion of the CourtHarris, J.
At the common law no one but the' officers of the crown could sue out the writ of quo wa/rranto. It was regarded as the king’s writ of right, to be issued in case of the usurpation of an office in violation of the king’s right. This writ, at an early day, gave place to the more convenient proceeding of an information in the nature of a quo warranto. It was the practice of the officers of the crown to file informations in their own 'discretion, upon the application of private persons, but these were not named as relators in the proceedings. (Cole on Crim. Informations, 127.)
*133By the Act of 4 & 5…
2Cases cited1 opinion
- People ex rel. Teel v. SweetingNew York Supreme Court · 1807
3Cited by23 opinions
- Hassan v. Magistrates' CourtNew York Supreme Court · 1959
- People ex rel. Raster v. HealyIllinois Supreme Court · 1907
- People v. RalloAppellate Division of the Supreme Court of the State of New York · 1975
- People Ex Rel. Demarest v. . FairchildNew York Court of Appeals · 1876
- State ex rel. Depue v. MatthewsWest Virginia Supreme Court · 1898
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