Legal Opinion

State ex rel. Birdsey v. Baldwin

Supreme Court of Connecticut

Decided June 15, 1877PublishedCited by 16 opinions

Information in tlie nature of a writ of quo warranto; filed by tlie Attorney for the State in the Superior Court for New Haven County at its January term, 1877. The information alleged that the relators, Linus Birdsey and John W. Lake, were duly appointed by the General Assembly county commissioners for New Haven County, the former at the May session in the year 1875 and the latter at at the May session in the year 1876, each for three years from the 4th day of July…

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Information in tlie nature of a writ of quo warranto; filed by tlie Attorney for the State in the Superior Court for New Haven County at its January term, 1877. The information alleged that the relators, Linus Birdsey and John W. Lake, were duly appointed by the General Assembly county commissioners for New Haven County, the former at the May session in the year 1875 and the latter at at the May session in the year 1876, each for three years from the 4th day of July following his appointment, which terms were unexpired; and that each of the relators had entered upon and been in the exercise…

1Opinion of the CourtGranger, J.

The first question made in this case is, *142whether the act of March 22d, 1877, is constitutional. It is claimed by the relators that the act is unconstitutional and void, on the ground that the legislature in removing the relators assumed the powers of the judicial department of the state government. We think this claim is not well founded. It nowhere appears upon the record that the legislature assumed any judicial functions; no charges were preferred against the relators, so far as this record discloses, and no trial was had, and there was nothing upon which the legislature could-have acted…

2Cited by16 opinions

  1. Sage v. StateIndiana Supreme Court · 1891
  2. Gorham v. RobinsonSupreme Court of Rhode Island · 1936
  3. Great Northern Ry. Co. v. United StatesCourt of Appeals for the Eighth Circuit · 1907
  4. State Ex Rel. Rylands v. PinkermanSupreme Court of Connecticut · 1893
  5. Commonwealth Ex Rel. Kelley v. ClarkSupreme Court of Pennsylvania · 1937

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