State ex rel. Murry v. Mead
Supreme Court of Vermont
Complaint upon the relation of a private person, praying for leave to file an information in the nature of a quo warranto. The case is stated in the opinion of the court. The complaint cannot be dismissed on motion, even with the consent of parties. 1 Cow. 109, ri. The defendant must either disclaim or justify. If the latter, he must set out his title specifically. 2 Dill. Mun. Cor. 717; People v. Bank, 6 Cow. 196; Commonwealths.
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Complaint upon the relation of a private person, praying for leave to file an information in the nature of a quo warranto. The case is stated in the opinion of the court. The complaint cannot be dismissed on motion, even with the consent of parties. 1 Cow. 109, ri. The defendant must either disclaim or justify. If the latter, he must set out his title specifically. 2 Dill. Mun. Cor. 717; People v. Bank, 6 Cow. 196; Commonwealths. Seward, 11 Mass. 71. Statutes regulating quo warranto are remedial, and will not receive a strict construction. High. Ex. Rem. ss. 622, 697, 700. It is well…
1Opinion of the Court
*355The opinion of the court was delivered by
Veazey, J.
This is a complaint under the statute upon the relation of a private.person, praying for leave to file an information in the nature of a quo warranto against the defendant Mead, for usurping, intruding, and unlawfully holding and executing the office of prudential committee of School District No. 10, in Rutland.
The ground’of the complaint, as set forth therein, is, in substance, that at the election of school district officers acthe annual school meeting on the last Tuesday of March, 1883, the said M'ead was not elected prudential committee…
2Cases cited2 opinions
- State ex rel. Page v. SmithSupreme Court of Vermont · 1876
- State v. FisherSupreme Court of Vermont · 1856
3Cited by7 opinions
- State ex rel. Goodell v. McGearySupreme Court of Vermont · 1897
- Albemarle Oil & Gas Co. v. MorrisSupreme Court of Virginia · 1924
- State Ex Rel. Perkins v. EdwardsSupreme Court of Vermont · 1925
- State ex rel. Bend v. HarrisonSupreme Court of Minnesota · 1886
- Attorney-General Ex Rel. Libbey v. MeginSupreme Court of New Hampshire · 1885
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