People v. Platt
New York Supreme Court
Appeal from circuit court, Albany county. Action in the nature of quo warranto by the attorney general of the state of New York, to oust and exclude the defendant, Thomas C. Platt, from the office of commissioner of quarantine; the complaint alleging that he had unlawfully intruded into and usurped the functions of said office, not having been at any time a resident of the metropolitan police district.
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Appeal from circuit court, Albany county. Action in the nature of quo warranto by the attorney general of the state of New York, to oust and exclude the defendant, Thomas C. Platt, from the office of commissioner of quarantine; the complaint alleging that he had unlawfully intruded into and usurped the functions of said office, not having been at any time a resident of the metropolitan police district. The plaintiff alleged that the defendant, at the time of his nomination by the governor of the state of New York, and confirmation by the senate, in January, 1880, was not, and has not since…
1Opinion of the CourtLearned, P. J.
The statute required the appointment of three persons, citizens of the state, who should be residents of the metropolitan police district; and, as often as vacancies should occur by reason of removal from the said district, (or other causes,) the appointment of others to fill the places, who should reside in said district. This provision is but an application of the general policy of the state. The constitution, art. 6, § 6, requires justices of the supreme court to reside in their respective districts. 1 Rev. St. marg. pp. 101, 102, §§ 10-15, and marg. p. 345, § 11, require county judges,…
2Cases cited17 opinions
- Dupuy v. . WurtzNew York Court of Appeals · 1873
- Shelton v. TiffinSupreme Court of the United States · 1848
- Frost & Dickinson v. BrisbinNew York Supreme Court · 1837
- Shaw v. ShawMassachusetts Supreme Judicial Court · 1867
- Silvey v. . LindsayNew York Court of Appeals · 1887
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3Cited by3 opinions
- People v. . PlattNew York Court of Appeals · 1889
- Sweeney v. District of ColumbiaCourt of Appeals for the D.C. Circuit · 1940
- Hulbert v. CraigNew York Supreme Court · 1925