People ex rel. Fiske v. Brush
New York Supreme Court
Quo warranto — complaint alleging plaintiff’s right to office and the tahimg of it by defendant — motion to compel separate statement of causes of action denied. Motion to compel plaintiff to separately state causes of action set forth in the complaint.
1Opinion of the CourtSeeger, J.
Motion to compel plaintiff to separately state the causes of action set forth in the complaint.
The defendant charges that the complaint states two separate causes of action — one based upon the allegation that the relator Fiske was elected to the office of mayor of the city of Mount Vernon, and the other that he was entitled to hold said office by reason of the fact that he was elected to said office at the previous election, and that at the last election there was no election because of a tie vote and that Fiske was entitled to hold over until his successor could be chosen.
The complaint…
2Cases cited1 opinion
- Payne v. . N.Y., S. W.R.R. Co.New York Court of Appeals · 1911
3Cited by3 opinions
- People ex rel. Fiske v. BrushAppellate Division of the Supreme Court of the State of New York · 1918
- People ex rel. Fiske v. BrushAppellate Division of the Supreme Court of the State of New York · 1918
- People ex rel. Fiske v. BrushAppellate Division of the Supreme Court of the State of New York · 1918