People v. Ahearn
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, The People of the State of Mew York, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of Mew York on the ,6th day of July, 1908, upon the decision of the court, rendered after a trial at the Mew York Special Term, sustaining the defendant’s demurrer to the complaint and dismissing the said complaint. (See People v. Ahearn, 60 Mise. Eep. 613.)
1Opinion of the Court
Scott, J.:
The plaintiff appeals from a final judgment sustaining a demurrer to the complaint.
The action is in quo warranto and calls in question the title of the defendant to the office of president of the borough of Manhattan, city of New York. The facts are exceedingly simple. The office of borough president is created by the Greater New York charter, which provides for the election of a president by the electors of the borough, and that he shall hold his office for a term of four years. He may be removed in the same manner as the mayor. (Charter [Laws of 1901, chap. 466], § 382, as amd. by…
2Cases cited15 opinions
- United States v. HartwellSupreme Court of the United States · 1868
- United States v. GermaineSupreme Court of the United States · 1879
- The People Ex Rel. v. . NostrandNew York Court of Appeals · 1871
- People Ex Rel. Devery v. . ColerNew York Court of Appeals · 1903
- Thurston v. ClarkCalifornia Supreme Court · 1895
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3Cited by4 opinions
- Carlisle v. Burke, New York County Courts1913
- Day v. SharpTennessee Supreme Court · 1913
- People v. MerollaNew York City Magistrates' Court · 1958
- In re PhillipsNew York Supreme Court · 1910