Legal Opinion

People ex rel. Attorney-General v. Kane

New York Supreme Court

Decided May 15, 1840PublishedCited by 5 opinions

Information in the nature of a quo warranto. In October term, 1888, the attorney-general filed an information that on the 4th June, 1888, Hamel Kane had intruded .into the office of police justice in the city of Albany, claiming to be & police justice of the city, and to have and enjoy the rights, &c., and emoluments of tho office, and continued so to do up to [ *415 ] the day of the filing of the information ; and *that during all such time John O. Cole, of the city of…

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Information in the nature of a quo warranto. In October term, 1888, the attorney-general filed an information that on the 4th June, 1888, Hamel Kane had intruded .into the office of police justice in the city of Albany, claiming to be & police justice of the city, and to have and enjoy the rights, &c., and emoluments of tho office, and continued so to do up to [ *415 ] the day of the filing of the information ; and *that during all such time John O. Cole, of the city of Albany, had been rightfully entitled to the office. Tho defendant pleaded that on the 4th of June, 1888, he was duly…

1Opinion of the CourtNelson, C. J.

By the Court, The act of 6th April, 1805, § 5, authorized the appointment by the council of appointment of two special justices for preserving the peace in the city of Albany. They were vested with like powers as justices of the county, concerning felons, other public offen*415ders, &c., and were to attend on specified days an office in said city called the police office, in the execution of their duties. In the next year, by the act of 2d April, 1806, § 4, the common council of Albany were authorized to pass ordinances regulating the police office and prescribing'the duties of the police…

2Cited by5 opinions

  1. State v. CarrollSupreme Court of Connecticut · 1871
  2. People v. WhiteCourt for the Trial of Impeachments and Correction of Errors · 1840
  3. Clark v. PeopleNew York Supreme Court · 1841
  4. State v. City of CamdenSupreme Court of New Jersey · 1893
  5. St. Stephen Church CasesNew York Court of Common Pleas · 1890

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