Legal Opinion

People ex rel. Teel v. Sweeting

New York Supreme Court

Decided February 15, 1807PublishedCited by 12 opinions

Woodworth, attorney-general, moved for leave to file an information in the nature of a quo warranto against Siveeting, acting supervisor of the town of Manlius, in the county of Onondago, He read several affidavits, from which it appeared, that at the annual town-meeting of the freeholders and inhabitants of the town of Manlius, in the county of Onondago, on thefirst Tuesday of April last, Timothy Teel was elected by a majority of the ballots given by the freeholders, &c. a…

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Woodworth, attorney-general, moved for leave to file an information in the nature of a quo warranto against Siveeting, acting supervisor of the town of Manlius, in the county of Onondago, He read several affidavits, from which it appeared, that at the annual town-meeting of the freeholders and inhabitants of the town of Manlius, in the county of Onondago, on thefirst Tuesday of April last, Timothy Teel was elected by a majority of the ballots given by the freeholders, &c. a supervisor for that town. After Teel had been elected, and his election was made known by one of the justices at the…

1Per curiam

This court has a discretion to grant motions of this kind, or to refuse them., if no sufficient reasons appear for'allowing this mode of proceeding. The office of Sweeting, the acting, supervisor, will expire in April, and .before the remedy now prayed for can have any effect. — There must he an issue joined, and a trial, which could not take place before the next election, so that it would be impossible to restore Teel to his office. It would,, therefore, be idle and useless to grant the motion. If the justices have been guilty of any mis.demean- or, the party aggrieved must seek a different…

2Cited by12 opinions

  1. People ex rel. Speed v. HartwellMichigan Supreme Court · 1864
  2. People v. RichardsonNew York Supreme Court · 1825
  3. Lacoste v. DuffyTexas Supreme Court · 1878
  4. Clark v. CraneCalifornia Supreme Court · 1881
  5. People ex rel. Van Voast v. Van SlyckNew York Supreme Court · 1825

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