People ex rel. Garmo v. Bartlett
New York Supreme Court
Information in the nature of a quo warranto. In October term, 1829, the attorney general filed an information in the nature of a quo warranto, calling upon the defendants to shew by what authority they, on the first day of July, 1829, and from thence to the filing of the information, claimed to exercise the offices of trustees of the village of Stillwater.
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Information in the nature of a quo warranto. In October term, 1829, the attorney general filed an information in the nature of a quo warranto, calling upon the defendants to shew by what authority they, on the first day of July, 1829, and from thence to the filing of the information, claimed to exercise the offices of trustees of the village of Stillwater. The defendants pleaded, setting forth the act of incorporation of the village in 1816, by which it is provided that five trustees shall be annually elected, the first election to be on notice to be given by a justice of the peace, who is…
1Opinion of the Court
By the Court,
Savage, Ch. J.
In my opinion, the plea and rejoinder are both bad. The plea sets out a good title for one year, but no more. The defendants were called upon directly to shew by what title they held and exercised the offices of trustees after May, 1839. To say that they were duly elected in 1838, is no answer, without shewing something more. By the statute, the trustees hold till the first Monday of May succeeding their election, and until a new election of trustees, and until the new trustees take the oath of office. It was the duty of the defendants to have notified and held an…
2Cited by19 opinions
- The People v. . CookNew York Court of Appeals · 1853
- People v. CookNew York Supreme Court · 1852
- Town of Plymouth v. PainterSupreme Court of Connecticut · 1846
- Cochran v. McClearySupreme Court of Iowa · 1867
- Brown v. LuntSupreme Judicial Court of Maine · 1854
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