State Ex Rel. Stage v. MacKie
Supreme Court of Connecticut
Information in the nature of quo warranto to determine the respondent’s title to the office of deputy building inspector of the city of Waterbury, brought to and tried by the Superior Court in New Haven County, George W. Wheeler, J.; facts found and judgment of ouster rendered against the respondent, from which he appealed.
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Information in the nature of quo warranto to determine the respondent’s title to the office of deputy building inspector of the city of Waterbury, brought to and tried by the Superior Court in New Haven County, George W. Wheeler, J.; facts found and judgment of ouster rendered against the respondent, from which he appealed. The charter of the city of Waterbury provided that its board of aldermen might, in a manner prescribed, make ordinances “to provide for the appointment of a building inspector and to prescribe his duties.” It also conferred upon the board the power “to provide for the…
1Opinion of the CourtPrentice, J.
Quo warranto proceedings lie to prevent the usurpation of a public office or franchise. These were begun to try the title to a position attempted to be created by an ordinance of the city of Waterbury, and attempted to be filled by the board of aldermen of the city. They must fail for the reason that there is no such office. To justify a resort to the extraordinary remedy here invoked, there must be an office legally authorized and constituted. State ex rel. Woodford v. North, 42 Conn. 79, 86 ; Commonwealth v. Dearborn, 15 Mass. 125 ; High on Extraordinary Legal Remedies, § 625. The position…
2Cases cited12 opinions
- People ex rel. Akin v. KipleyIllinois Supreme Court · 1897
- Attorney General v. DrohanMassachusetts Supreme Judicial Court · 1897
- State v. SpauldingSupreme Court of Iowa · 1897
- Patton v. Board of Health Etc.California Supreme Court · 1899
- State Ex Rel. Rylands v. PinkermanSupreme Court of Connecticut · 1893
7 more not listed; retrieve them via the Exa API.
3Cited by35 opinions
- Murach v. Planning & Zoning CommissionSupreme Court of Connecticut · 1985
- Low v. Town of MadisonSupreme Court of Connecticut · 1948
- Antinerella v. RiouxSupreme Court of Connecticut · 1994
- Katz v. BrandonSupreme Court of Connecticut · 1968
- Stocker v. City of WaterburySupreme Court of Connecticut · 1967
30 more not listed; retrieve them via the Exa API.