People Ex Rel. Demarest v. . Fairchild
New York Court of Appeals
Appeal from order of the General Term of the Supreme Court in the third judicial department affirming an order of Special Term, which denied a motion for a writ of peremptsry mcmda/rrms.
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Appeal from order of the General Term of the Supreme Court in the third judicial department affirming an order of Special Term, which denied a motion for a writ of peremptsry mcmda/rrms. (¡Reported below, 8 Hun, 334.) The relators alleged that they weré duly elected aldermen and assistant aldermen of the city of Sew York, pursuant to the city charter, and took the oath of office; that the boards of aldermen and assistant aldermen duly organized as such, but that the mayor refused to recognize them; that the act chapter 335 Laws of 1873 abolishing the board of assistant aldermen and…
1Opinion of the CourtAllen, J.
The language of the statute authorizing actions in the nature of a quo warranta to try the title to office is very guarded and does not give the action as of right to every individual who may think that an office to which he has been legally chosen or appointed, has been usurped by another or who may volunteer to become an informer. It says, the action “ may be brought by the attorney-general ” upon his own information or upon the complaint of any private party. (Code, § 432.) Prior to the Revised Statutes leave of the Supreme Court was required for the institution of proceedings of this…
2Cases cited1 opinion
- People ex rel. Peabody v. Attorney GeneralNew York Supreme Court · 1856
3Cited by32 opinions
- People Ex Rel. Harris v. Commissioners of the Land OfficeNew York Court of Appeals · 1896
- Hassan v. Magistrates' CourtNew York Supreme Court · 1959
- Woolwine's Adm'r v. Ches. & O. R'y Co.West Virginia Supreme Court · 1892
- People Ex Rel. Hammond v. . LeonardNew York Court of Appeals · 1878
- Lewright v. BellTexas Supreme Court · 1901
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