Newman v. United States ex rel. Frizzell
Court of Appeals for the D.C. Circuit
Hearing oil an appeal by the respondent from a judgment of the supreme court of the District of Columbia in a quo warranto proceeding ousting him from the office of commissioner of the District of Columbia.
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Hearing oil an appeal by the respondent from a judgment of the supreme court of the District of Columbia in a quo warranto proceeding ousting him from the office of commissioner of the District of Columbia. The Court in the opinion stated the facts as follows: This is an action in quo warranto brought by relator, William J. Frizzell a citizen and taxpayer, challenging the right of respondent, Oliver P. Newman, to hold the office of civil commissioner of the District of Columbia, The petition sets forth that by the act of Congress of June 31, 1878 [20 Stat. at L. 102, chap. 180], providing a…
1Opinion of the CourtJustice Van Orsdel
The matters disposed of in our former opinion are again advanced in this appeal. They will not be reconsidered, but we will -confine ourselves to the new questions presented. Exception was taken to the ruling of the court in refusing to admit in evidence a transcript of the testimony taken before the committee of the Senate while it had under consideration the confirmation of the President’s nomination of respondent to the office in question. This evidence was incompetent, and could have no relevancy to the present issue, which involves respondent’s right to hold the office, and not. the…
2Cases cited29 opinions
- Haddock v. HaddockSupreme Court of the United States · 1906
- Mitchell v. United StatesSupreme Court of the United States · 1875
- Atherton v. AthertonSupreme Court of the United States · 1901
- Ennis v. SmithSupreme Court of the United States · 1853
- Shelton v. TiffinSupreme Court of the United States · 1848
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