Legal Opinion
State Ex Rel. Metcalf v. Goff
Supreme Court of Rhode Island
Decided March 5, 1887PublishedCited by 19 opinions
Quo Warranto.
1Opinion of the CourtStiness, J.
The respondent became justice of the District Court of the eleventh judicial district, July 1,1886. He was appointed and qualified as a deputy sheriff in the county of Providence, July 21, 1886. The question before us is whether he vacated his office as justice of the District Court by accepting the office of deputy sheriff.
It is well settled that when a person accepts an office incompatible with one which he then holds, he thereby impliedly resigns or vacates his former office. State v. Brown, 5 R. I. 1; Cotton v. Phillips, 56 N. H. 220; State v. Buttz, 9 Rich. 156; The People v. Carrique, 2…
2Cases cited5 opinions
- People Ex Rel. Ryan v. . GreenNew York Court of Appeals · 1874
- The People Ex Rel. v. . NostrandNew York Court of Appeals · 1871
- Stubbs v. LeeSupreme Judicial Court of Maine · 1874
- Magie v. StoddardSupreme Court of Connecticut · 1857
- People ex rel. Ryan v. GreenNew York Court of Common Pleas · 1874
3Cited by19 opinions
- State ex rel. Biggs v. CorleySupreme Court of Delaware · 1934
- Cummings v. GodinSupreme Court of Rhode Island · 1977
- Bishop v. State ex rel. GrinerIndiana Supreme Court · 1898
- State v. VillezaHawaii Supreme Court · 1997
- Oliver v. Mayor of Jersey CitySupreme Court of New Jersey · 1899
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