Warner v. People ex rel. Conner
New York Supreme Court
On error from the supreme court. The attorney general on the relation of James Conner, in January term, 1844, filed an information in the court below in the nature of a quo warranto against Andrew Warner, for an alleged intrusion by the latter into the office of clerk of the court of common fleas of the city and county of New-York.
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On error from the supreme court. The attorney general on the relation of James Conner, in January term, 1844, filed an information in the court below in the nature of a quo warranto against Andrew Warner, for an alleged intrusion by the latter into the office of clerk of the court of common fleas of the city and county of New-York. The information sets forth that the defendant, without legal warrant, grant'or right, has for more than thirty days last past held, used, and executed the alleged office and performed the duties of clerk of the. court of common pleas for the city and county, and of…
1Opinion of the CourtBronson, J.
It will not be necessary to recite any portion of the charter or early laws relating to the city of New-York ; for it is not, and cannot be denied that at the time the constitution was framed and adopted, there was a court of common pleas for the city and county of New-York, and a clerk of the city and county, who was the clerk of that court. The clerkship of the court was not a mere incident to the office of clerk of the county, but was a part (a) of the office. Then came the constitution of 1821, which provides, that “ sheriffs and clerks of counties, including the register and clerk of the…
2Cases cited4 opinions
- People ex rel. Attorney General v. Utica InsuranceNew York Supreme Court · 1818
- People v. MorrisNew York Supreme Court · 1835
- People ex rel. Attorney General v. Mayor of New-YorkNew York Supreme Court · 1840
- People ex rel. Livingston v. Albany Common PleasNew York Supreme Court · 1837
3Cited by75 opinions
- People Ex Rel. Metropolitan Street Railway Co. v. State Board of Tax CommissionersNew York Court of Appeals · 1903
- People Ex Rel. Bolton v. . AlbertsonNew York Court of Appeals · 1873
- State ex rel. Hovey v. NobleIndiana Supreme Court · 1889
- People Ex Rel. Burby v. . HowlandNew York Court of Appeals · 1898
- State ex rel. Kennedy v. BrunstWisconsin Supreme Court · 1870
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