Wallace v. Anderson
Supreme Court of the United States
Error to the Circuit Court of Ohio. This was an information for a quo warranto, brought to try the title of the defendant to the office of principal surveyor of the Virginia military bounty lands north of the river Ohio, and betweeu the rivers Scioto and Little Miami. The defendant had been appointed to the office by the State of Virginia, and continued to exercise its duties until the year 1818, during all which time his official acts were recog nised by the United States.
Read the full summary
Error to the Circuit Court of Ohio. This was an information for a quo warranto, brought to try the title of the defendant to the office of principal surveyor of the Virginia military bounty lands north of the river Ohio, and betweeu the rivers Scioto and Little Miami. The defendant had been appointed to the office by the State of Virginia, and continued to exercise its duties until the year 1818, during all which time his official acts were recog nised by the United States. In that year he was removed by the Governor and Council of Virginia, and the plaintiff appointed in his place. The writ…
1Opinion of the CourtChief Justice Marshall
delivered the opinion of the Court, that a writ of quo xoarranto could not be maintained except at the instance of the Government, and as this writ was issued by a private individual, without the authority of the Government, it could not be sustained, whatever might be the right of the prosecutor, or of the person claiming to exercise the office in question. The information must, therefore, be dismissed.
Judgment reversed.. Judgment. This cause came on to be heard. .on the transcript of the record of the Circuit Court for the district of Ohio, and was argued by counsel, On consideration…
2Cited by18 opinions
- Johnson v. Manhattan Railway Co.Supreme Court of the United States · 1933
- Harry Calcutt III v. FDICCourt of Appeals for the Sixth Circuit · 2022
- United States v. MacHadoDistrict Court, N.D. California · 1969
- State v. Southern Pacific RailroadTexas Supreme Court · 1859
- State ex rel. Whitmore v. BarboglioUtah Supreme Court · 1924
13 more not listed; retrieve them via the Exa API.