People v. . Ahearn
New York Court of Appeals
Appeal, by permission, from an order of the Appellate Division of the Supreme Court in the first judicial department, entered March 13, 1909, which reversed a judgment of Special Term sustaining a demurrer to the complaint and overruled such demurrer. The action is one of quo warranto and the question certified to us is, “ Does the complaint herein state facts sufficient to constitute a cause of action.”
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Appeal, by permission, from an order of the Appellate Division of the Supreme Court in the first judicial department, entered March 13, 1909, which reversed a judgment of Special Term sustaining a demurrer to the complaint and overruled such demurrer. The action is one of quo warranto and the question certified to us is, “ Does the complaint herein state facts sufficient to constitute a cause of action.” The complaint, amongst other things, alleges that in 1905 the defendant was elected president of the borough of Manhattan for the term of four years beginning January 1, 1906, and at the…
1Opinion of the Court
[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] Section 382 of the charter of New York (Chapter 466 of the Laws of 1901) by its own terms and by reference to other constitutional and statutory provisions relating to removal of county officers, provided for the removal of the defendant by the governor on charges after an opportunity to be heard in his defense, and no claim is made that all provisions for the trial and protection of the defendant were not observed in the proceeding which resulted in his…
2Cases cited9 opinions
- United States v. LacherSupreme Court of the United States · 1890
- Bolles v. Outing Co.Supreme Court of the United States · 1899
- People Ex Rel. Devery v. . ColerNew York Court of Appeals · 1903
- Griffith v. WellsNew York Supreme Court · 1846
- State v. WelshSupreme Court of Iowa · 1899
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3Cited by48 opinions
- Recall Bennett Committee v. BennettOregon Supreme Court · 1952
- Gelch v. State Board of ElectionsSupreme Court of Rhode Island · 1984
- State ex rel. Thompson v. CrumpTennessee Supreme Court · 1915
- MATTER OF JOSEPH BURSTYN, INC. v. WilsonNew York Court of Appeals · 1951
- Carlisle v. Burke, New York County Courts1913
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