People v. Morrell
New York Supreme Court
Information in the nature of a quo warranta. On the first day of May, 1839, the attorney general filed the information in this case, charging the defendant with having usurped the office of first judge of the county of Fulton, and having used and exercised that office since the first day of January, 1839, without lawful authority.
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Information in the nature of a quo warranta. On the first day of May, 1839, the attorney general filed the information in this case, charging the defendant with having usurped the office of first judge of the county of Fulton, and having used and exercised that office since the first day of January, 1839, without lawful authority. The defendant pleaded that on the second day of February, 1838, he was duly appointed first judge of the county of Montgomery, for the term prescribed by the constitution, (5 years,) and within the time required by law, took and subscribed the oath of office; that…
1Opinion of the Court
By the Court,
Cowen, J.
By art. 1-, § 7, of the constitution, the power of the legislature to create new "counties is; recognized, under the restrictive words: “ No new county shall hereafter be erected, unless its population shall entitle it to a member” [of assembly.] By art. 4, § 7, “ The governor shall nominate, <fcc., and with the consent of the senate, shall appoint all'judicial officers, except justices of the peace,” &c.By art. 5, § 6, “Judges of the county courts, &c., shall hold their offices for five years? &c. The question presented by the demurrer is, whether the office of Judge…
2Cases cited3 opinions
- People v. MorrisNew York Supreme Court · 1835
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