People ex rel. Smith v. Pease
New York Supreme Court
THIS action, in the nature of a quo warranto, was brought to try the title to the office of county treasurer of the county of Lewis, and was tried before Mullin, J. and a jury, and a verdict rendered for the defendant. At the election in November, 1857, the relator and the defendant were candidates of their respective parties for the office named.
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THIS action, in the nature of a quo warranto, was brought to try the title to the office of county treasurer of the county of Lewis, and was tried before Mullin, J. and a jury, and a verdict rendered for the defendant. At the election in November, 1857, the relator and the defendant were candidates of their respective parties for the office named. Of the votes cast, Moses M. Smith received 1683, Moses Smith 2, and M. M. Smith 17; Deodate Pease 1694, D Pease 3, and Deodate Beas 1. The inspectors of election rejected all the votes except those given for Moses M. Smith and Deodate Pease, and the…
1Opinion of the CourtW. F. Allen, J.
A quo warranto, for which this action is a substitute, is in the nature of a writ of right, and lies in *591behalf of the king, against him who usurps or claims any franchises or liberties, to say by what authority he claims. (3 Bl. Com. 262.) By statute, writs of quo warranto and in-formations in the nature of quo warranto are abolished, and an action is given in the name of the people when any person shall usurp, intrude into, or unlawfully hold or exercise, any public office, civil or military, or any franchise within the state, or any office in a corporation created by the authority of the…
2Cases cited14 opinions
- Wilson v. Mayor of New YorkCourt for the Trial of Impeachments and Correction of Errors · 1845
- People v. CookNew York Supreme Court · 1852
- Spratt v. SprattSupreme Court of the United States · 1830
- Van Wormer v. Mayor of AlbanyNew York Supreme Court · 1836
- Jenkins v. WaldronNew York Supreme Court · 1814
9 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
- People Ex Rel. Stapleton v. . BellNew York Court of Appeals · 1889
- State ex rel. Southey v. LasharSupreme Court of Connecticut · 1899
- State ex rel. Young v. Village of KentSupreme Court of Minnesota · 1905
- State ex rel. Probstfield v. SharpSupreme Court of Minnesota · 1880
- State ex rel. Ackerman v. DahlWisconsin Supreme Court · 1886
11 more not listed; retrieve them via the Exa API.