State v. Fisher
Supreme Court of Vermont
Information, by the state’s attorney of the county, setting forth that the respondent was holding and exercising the office of postmaster in the town of Orange, being an office of profit and trust by and'ünder the authority of the congress of the United States, and that he had been elected to, and was holding and exercising the office of justice of the peace for the county of Orange, being a judiciary office, under the authority of this state, for the year commencing…
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Information, by the state’s attorney of the county, setting forth that the respondent was holding and exercising the office of postmaster in the town of Orange, being an office of profit and trust by and'ünder the authority of the congress of the United States, and that he had been elected to, and was holding and exercising the office of justice of the peace for the county of Orange, being a judiciary office, under the authority of this state, for the year commencing December 1st, 1855; and praying the consideration of the court in the premises, and that due process of law might be awarded…
1Opinion of the Court
Redeield, Ch. J.
By the court, This is a petition by the state’s attorney for leave to file an information, in the nature of a quo warranto, against the respondent, for exercising the functions of the office of justice of the peace and postmaster at 4he same time.
The proof shows that he was elected justice of the peace for the county of Orange, for the present year, and is acting as such, and that he was appointed postmaster, and accepted the office in April, 1852, but there is no distinct proof of his having acted as such since the first of December last, and upon this ground alone we should…
2Cited by8 opinions
- Searcy v. GrowCalifornia Supreme Court · 1860
- State v. De GressTexas Supreme Court · 1888
- State ex rel. Walker v. McLean CountyNorth Dakota Supreme Court · 1903
- State ex rel. Goodell v. McGearySupreme Court of Vermont · 1897
- State ex rel. Murry v. MeadSupreme Court of Vermont · 1883
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