People v. Molineux
New York Supreme Court
QUO W ABE AM TO against Edward L. Molineux, claiming the military office of major-general of the second division of the Mational Guard of the state of Mew York, under an appointment made by the governor, August 31, 1868, during the recess of the senate.
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QUO W ABE AM TO against Edward L. Molineux, claiming the military office of major-general of the second division of the Mational Guard of the state of Mew York, under an appointment made by the governor, August 31, 1868, during the recess of the senate. The complaint alleged that the defendant, on the 22d day of September, 1868, at the city of Brooklyn, in the county of Kings, did usurp, intrude into, and unlawfully hold and exercise the military office of major-general of the second division of the Mational Guard of the state of Mew York. Wherefore, the plaintiffs demanded judgment, that the…
1Opinion of the CourtGilbert, J.
This is an action in the nature of quo warranto, to try the title of defendant to the office of major-general of the second division of the National Guard of this state. The jury, under the direction of the court, rendered a verdict for the people, and the case was then reserved for further consideration. No question was made that the case is one within the provisions of the statute of quo warranto, or that the action is in due form. (Code, § 432.) The defendant was appointed by the governor during the present recess of the senate, upon the happening of a vacancy occasioned by the resignation…
2Cases cited1 opinion
- Williams v. PeopleNew York Supreme Court · 1865
3Cited by12 opinions
- Sharon v. SharonCalifornia Supreme Court · 1888
- State ex rel. Attorney General v. RansonSupreme Court of Missouri · 1880
- State v. DoerringSupreme Court of Missouri · 1906
- Barnes v. JonesCalifornia Supreme Court · 1876
- In re WisnerMontana Supreme Court · 1907
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