People Ex Rel. Hatzel v. . Hall
New York Court of Appeals
Appeal from a judgment of the General Term of the Supreme Court, in the first judicial department, affirming a judgment in favorz of the defendant, entered upon an order nonsuiting the plaintiffs on trial. This action was in the nature of a quo warranta., to try the title to the .office of alderman in the city of New York.
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Appeal from a judgment of the General Term of the Supreme Court, in the first judicial department, affirming a judgment in favorz of the defendant, entered upon an order nonsuiting the plaintiffs on trial. This action was in the nature of a quo warranta., to try the title to the .office of alderman in the city of New York. The complaint alleged in substance that on the 5th day of November, 1878, an election was duly held in the city of New York for three aldermen, to fill that office for the sixth Senate district in said city; that at said election the relator, the defendant, one Bernard…
1Opinion of the CourtFolger, J.
Though the ancient writ of quo warranta, and proceedings by information in the nature thereof, are abolished (Code of Proc., § 428), yet the remedies heretofore had in the forms of that writ and that information, may now be obtained by civil action. (Code of Proc., § 428; People ex rel. v. Thatcher, 55 N. Y., 528, 529.) It is only the form of the proceeding that is done away with. The jurisdiction and power of the courts are not touched by that section, even if they could be by legislation; nor the right to -seek and reach through them all the remedy which that writ or information once…
2Cases cited8 opinions
- Supervisors of Onondaga v. BriggsNew York Supreme Court · 1846
- Miller v. WilsonOhio Supreme Court · 1846
- Commonwealth v. M'CloskeySupreme Court of Pennsylvania · 1830
- Van Wormer v. Mayor of AlbanyNew York Supreme Court · 1836
- Demarest v. . DargNew York Court of Appeals · 1865
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3Cited by52 opinions
- State ex rel. Biggs v. CorleySupreme Court of Delaware · 1934
- State ex rel. Brooks v. FranshamMontana Supreme Court · 1897
- State ex rel. Smith v. AndersonSupreme Court of Florida · 1890
- Snowball v. People ex rel. GrupeIllinois Supreme Court · 1893
- Pittsburgh & Lake Erie R. R. v. McKees Rocks BoroughSupreme Court of Pennsylvania · 1926
47 more not listed; retrieve them via the Exa API.