People v. . Molyneux
New York Court of Appeals
This was an action in the nature of a quo wa/rrmito, charging the defendant with having usurped and unlawfully intruded himself into the office of major-general of the second division of the National Guard, and praying his ouster therefrom.
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This was an action in the nature of a quo wa/rrmito, charging the defendant with having usurped and unlawfully intruded himself into the office of major-general of the second division of the National Guard, and praying his ouster therefrom. By the nomination of the governor, and with the consent of the senate, Harmanus B. Duryea had been appointed major-general of the second division of the National Guard of the State of New York, prior to July 14th, 1868. On that day, he resigned the said office, whereby a vacancy was created in the same. The senate of the State of New York was then in…
1Opinion of the Court
By the Constitution of the State of New York, adopted in 1821, it was provided as follows: "The Governor shall nominate, and, with the consent of the senate, appoint all major-generals." (Art. 4, § 2.) By the Constitution of the State of New York, adopted in 1846, it was also provided, that "The governor shall nominate, and with the consent of the senate, appoint all major-generals." (Art. 11, § 3.) By the second section of the same article, provision is made for the choice of all militia officers, by the votes of the members of the companies or regiments and brigades, from captain of a…
2Cited by24 opinions
- People Ex Rel. Westchester Fire Insurance v. DavenportNew York Court of Appeals · 1883
- Squadrito v. GriebschNew York Court of Appeals · 1956
- People, Ex Rel. Collins v. . SpicerNew York Court of Appeals · 1885
- Yearke v. ZarconeAppellate Division of the Supreme Court of the State of New York · 1977
- Barnes v. JonesCalifornia Supreme Court · 1876
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