People ex rel. Israel v. Tibbets
New York Supreme Court
Talcott, (Attorney General,) at the last term, moved for ^ to hie an information in nature of a quo warranto against Tibbets and others, President and Directors of the Franklin Fire Insurance Company, on affidavits, that on the 10th January, 1825, at Wall Street, in the city of New York, between 12 at noon and 2 P. M. an election was held for directors; that there were two sets of candidates ; one list being headed by the name of Tibbets, the other by that of Israel; that by…
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Talcott, (Attorney General,) at the last term, moved for ^ to hie an information in nature of a quo warranto against Tibbets and others, President and Directors of the Franklin Fire Insurance Company, on affidavits, that on the 10th January, 1825, at Wall Street, in the city of New York, between 12 at noon and 2 P. M. an election was held for directors; that there were two sets of candidates ; one list being headed by the name of Tibbets, the other by that of Israel; that by the 4th section of the company’s charter, it is provided, that the directors should, at all times, during their…
1Opinion of the Court
Savage, Ch. J.
now stated the-facts ; upon which facts, he said, three questions had been made at the bar. The first-respected the power and duty of the Court-to grant the information in this particular case ; the second, what ' should be deemed a holding within the words of the charter, so as to constitute a voter; and the third, the validity of the by-law, requiring, an oath of the voter, or other proof as the test of his qualification.
The statute (1 R. L. 108) gives the remedy by quo warranto against any person who shall usurp, intrude into, or unlawfully hold and execute any office or…
2Cases cited2 opinions
- People ex rel. Attorney General v. Utica InsuranceNew York Supreme Court · 1818
- People ex rel. Teel v. SweetingNew York Supreme Court · 1807
3Cited by5 opinions
- Millspaugh v. CassedyAppellate Division of the Supreme Court of the State of New York · 1920
- Clark v. WildSupreme Court of Vermont · 1911
- Thompson v. BlaisdellSupreme Court of New Jersey · 1919
- Seneca Nation of Indians v. JohnNew York Supreme Court · 1891
- In re Lighthall Manufacturing Co.New York Supreme Court · 1888