People v. . Dooley
New York Court of Appeals
Appeal from a judgment entered March 18, 1902, upon an order of the Appellate Division of the Supreme Court in the second judicial department, affirming an interlocutory judgment overruling a demurrer to the answer entered upon a decision of the court at Special Term. This appeal is taken by permission of the Appellate Division upon two questions certified to this court for decision : First. “ Whether the demurrer to said answer ought to have been overruled.” Second.
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Appeal from a judgment entered March 18, 1902, upon an order of the Appellate Division of the Supreme Court in the second judicial department, affirming an interlocutory judgment overruling a demurrer to the answer entered upon a decision of the court at Special Term. This appeal is taken by permission of the Appellate Division upon two questions certified to this court for decision : First. “ Whether the demurrer to said answer ought to have been overruled.” Second. “ Whether the provisions of the charter of the Greater Hew York, under which elections were had of city magistrates in the…
1Opinion of the CourtWerner, J.
This action is in the nature of quo warranto, brought by the attorney-general upon his own information, pursuant to section 1948 of the Code of Civil Procedure The action is primarily against certain persons alleged to have usurped and entered into the office of city magistrates in the boroughs constituting the second division in the city of Mew York. Pursuant to section 1954 of the Code, the persons who claim to have been elected to said offices, and rightfully entitled thereto, are also made defendants. The allegations of the pleadings need not be recited, since they are sufficiently…
2Cases cited4 opinions
- People ex rel. Andrews v. LordMichigan Supreme Court · 1861
- In Re the Cancellation of the Name of GageNew York Court of Appeals · 1894
- People Ex Rel. Bridgeman v. . HallNew York Court of Appeals · 1887
- Kelly v. Van WyckNew York Supreme Court · 1901
3Cited by26 opinions
- People Ex Rel. Farrington v. . MenschingNew York Court of Appeals · 1907
- State Ex Rel. Malott v. Board of County CommissionersMontana Supreme Court · 1930
- Bareham v. City of RochesterNew York Court of Appeals · 1927
- Collins v. City of SchenectadyAppellate Division of the Supreme Court of the State of New York · 1939
- Malim v. BenthienWashington Supreme Court · 1921
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