Clark v. People
New York Supreme Court
|RROR from the Supreme Court. In July term, 1840, 1* the attorney-general filed an information in the nature of a quo warranto against Thaddeus Clark, charging him with having on the first day of April, 1839, usurped the office of a justice of the peace of the fifth ward of the city of Rochester, and from thence until the filing of the information had unlawfully held and exercised the said office.
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|RROR from the Supreme Court. In July term, 1840, 1* the attorney-general filed an information in the nature of a quo warranto against Thaddeus Clark, charging him with having on the first day of April, 1839, usurped the office of a justice of the peace of the fifth ward of the city of Rochester, and from thence until the filing of the information had unlawfully held and exercised the said office. The defendant pleaded, setting forth his appointment to the office by the common council of Rochester on the first day of March, 1839, in pursuance of the twelfth section of the act incorporating…
1Opinion of the Court
After advisement the following opinions were delivered :
By the Chancellor.
The question presented by the writ of error in this case is, whether the twelfth section of the act to incorporate the city of Rochester, providing for the appointment of justices of the peace in that city by the common council is unconstitutional and void. See Statutes of 1834, p. 286. And this depends upon the true construction of the seventh section of the fourth article of the constitution as originally adopted, when taken in connection with the fourteenth and fifteenth sections of the same article. The case of the…
2Cases cited1 opinion
- People ex rel. Attorney-General v. KaneNew York Supreme Court · 1840
3Cited by15 opinions
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- State ex rel. Ash v. ParkinsonNevada Supreme Court · 1869
- Evans v. JobNevada Supreme Court · 1873
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