People v. Waite
New York Supreme Court
* Quo wakRanto. The attorney-general filed an information in the nature of a quo warranto, statingthat on the 27th November, 1827, Abner Haxdtine was duly appointed a commissioner to take the proof of deeds, &e. for the town of Ellicot, in the county of Chautauque, and that for 100 days preceding the 14th April, 1831, Joseph Waite had usurped ethe office of a commissioner.
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* Quo wakRanto. The attorney-general filed an information in the nature of a quo warranto, statingthat on the 27th November, 1827, Abner Haxdtine was duly appointed a commissioner to take the proof of deeds, &e. for the town of Ellicot, in the county of Chautauque, and that for 100 days preceding the 14th April, 1831, Joseph Waite had usurped ethe office of a commissioner. The defendant pleaded that at the annual meeting of the board of supervisors of the county on the 9th and 10th days of November, 1830, he was duly appointed a commissioner ih the place of A. Hazeltine, whose term of office…
1Opinion of the Court
By the Court,
Nelson, J.
The act of 1823, sess. 46,p. 244, authorizing and regulating the appointment of commissioners under the new constitution, declares that they shall hold their offices by the same tenure as justices of the peace, who, by Art. 4, § 7, of the constitution, hold their offices for four years. It was contended by the counsel for the defendant that the term tenure designated only the manner of holding the office; that holding by the same tenure as justices of the peace meant that the commissioners should hold their office in the same manner, and be displaced for the same…
2Cited by5 opinions
- ex parte MeredithSupreme Court of Virginia · 1880
- Meredith, ex parteSupreme Court of Virginia · 1880
- Smith v. McConnellSupreme Court of South Carolina · 1895
- Meredith, ex parteSupreme Court of Virginia · 1880
- Meredith, ex parteSupreme Court of Virginia · 1880