People ex rel. Van Voast v. Van Slyck
New York Supreme Court
Schenectady county, to wit: Samuel A. Talcott, Attorney General of the People of the state of New York, who sues for the said People in this behalf, comes here into the Supreme Court of Judicature of the state of New York, before pae Justices of the People of the state of New York, of the Supreme Court of Judicature of the same People, at the Capitol in the city of Albany, on Saturday, the 18th day of January, A. D. 1823, in January term, and for the said People of the state…
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Schenectady county, to wit: Samuel A. Talcott, Attorney General of the People of the state of New York, who sues for the said People in this behalf, comes here into the Supreme Court of Judicature of the state of New York, before pae Justices of the People of the state of New York, of the Supreme Court of Judicature of the same People, at the Capitol in the city of Albany, on Saturday, the 18th day of January, A. D. 1823, in January term, and for the said People of the state of New York, at the relation of Gershom Yan Yoast, of the city of Schenectady, according to the form of the state in…
1Opinion of the Court
.: Curia, per
Woodworth, J.
This is an information in nature of a quo warranto, filed against the defendant, who, as is alleged, intruded into, and unlawfully holds the office of sheriff of the county of Schenectady.
The remedy by information is adapted to this case. The statute is comprehensive in its terms. It extends to all persons who shall usurp, intrude into, or unlawfully hold and execute any office or franchise within this state. The jurisdiction of the Court cannot well be doubted, when the question relates to a public office. The decision of officers acting ministerially is sought to…
2Cases cited1 opinion
- People ex rel. Teel v. SweetingNew York Supreme Court · 1807
3Cited by29 opinions
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- People Ex Rel. Deister v. . WintermuteNew York Court of Appeals · 1909
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