People ex rel. Upham v. Whiteside
New York Supreme Court
Information in the nature of a quo warranto. The attorney general on the relation of E. P. Upham filed an information alleging that the defendant had usurped, intruded into and unlawfully held the office of treasurer of the county of Chautauque ; and that the relator was rightfully entitled to the office.
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Information in the nature of a quo warranto. The attorney general on the relation of E. P. Upham filed an information alleging that the defendant had usurped, intruded into and unlawfully held the office of treasurer of the county of Chautauque ; and that the relator was rightfully entitled to the office. The defendant pleaded that at a meeting of the judges of the court of common pleas and board of supervisors of the county, held on the 14th November, *1838, the office [ *10 ] of treasurer of the county having become vacant by the removal of the relator the former treasurer of the county,…
1Opinion of the Court
Nelson, Ch. J.
By the Court, By the revised statutes, vol. 1, p. 114, § 13, county treasurers were to be appointed by the board of super*15visors, and they held their offices during the pleasure of the board. The subsequent act, Statutes of 1836, p. 709, provided, that whenever a vacancy happened in the office of county treasurer, it should be filled in the manner provided by law for the appointment of commissioners of deeds. That act will be found in 1 R. S. 109, § 29. The same act of 1836, also provided, § 2, that the county treasurer may be removed by the joint ballot of the judges of the…
2Cases cited1 opinion
- McCoy v. CurticeNew York Supreme Court · 1832
3Cited by6 opinions
- Richardson v. YoungTennessee Supreme Court · 1909
- People ex rel. McKune v. WellerCalifornia Supreme Court · 1858
- People ex rel. Haws v. WalkerNew York Supreme Court · 1856
- Young v. Mueller Bros. Art & Manufacturing Co.Appellate Court of Illinois · 1905
- People v. BatchelorNew York Supreme Court · 1858
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