Territory v. Lockwood
Supreme Court of the United States
The act of Congress organizing the Territory of Nebraska ordains that the executive power in and over the Territory shall be vested in a governor; that the legislative power shall be vested in a governor and legislative assembly; and that the judicial power of the Territory shall be vested in a Supreme Court, &e.
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The act of Congress organizing the Territory of Nebraska ordains that the executive power in and over the Territory shall be vested in a governor; that the legislative power shall be vested in a governor and legislative assembly; and that the judicial power of the Territory shall be vested in a Supreme Court, &e. And the Code of the Territorial legislature* gives the remedy of information against “ any person unlawfully holding or exercising any public office or franchise within this Territory;” providing, also, that the defendant shall “ answer such petition in the usual way; and, issue…
1Opinion of the CourtJustice Swayne
The writ of Quo Warranto was a common law writ. In the course of time it was superseded by the speedier remedy of an Information in the same nature. * It was a writ of right for the king. † In the English courts an information for an offence differs from an indictment, chiefly in the fact that it is presented by the law officer of the crown without the intervention of a grand jury. ‡ Whether filed by the attorney-general or the master of the crown office, and whether it relates to public offences or to the class of private rights specified in the statute of 9 Ann. ch. 20, in relation to which…
2Cases cited2 opinions
- McClung v. SillimanSupreme Court of the United States · 1821
- Wright v. AllenTexas Supreme Court · 1847
3Cited by19 opinions
- Johnson v. Manhattan Railway Co.Supreme Court of the United States · 1933
- United States v. MacHadoDistrict Court, N.D. California · 1969
- State v. Douglas County Road Co.Oregon Supreme Court · 1882
- State ex rel. Whitmore v. BarboglioUtah Supreme Court · 1924
- State ex rel. Ballard v. GreeneSupreme Court of Vermont · 1913
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