People v. McClellan
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, George ÍB, McClellan, from an interlocntory judgment of the Supreme Court in favor of the plaintiff, entered in the office' of the clerk of the county of Ííew York on the 12th day of .April, 1907, upon the decision of the court, ren-. dered after a trial at the New York Special' Term overruling the defendant’s amended demurrer to the complaint,
1Opinion of the Court
Scott, J. :
In this action in the nature of quo warranto the People of the State of New York sue by the'Attorney-General without a relator. The purpose of the action two-fold. It is sought to obtain a judgment ousting the defendant from the office of mayor of the city of New York and declaring that William E. Hearst was duly elected to that office and now has. the legal' right to hold the .same. The complaint alleges that there was an election for mayor.of the .city of New York on November 7,.1905 ; that"at that election by the greatest number of legal votes William E. Hearst was legally .…
2Cases cited8 opinions
- People ex rel. Attorney General v. Utica InsuranceNew York Supreme Court · 1818
- Chapman v. . ForbesNew York Court of Appeals · 1890
- Osterhoudt v. Board of SupervisorsNew York Court of Appeals · 1885
- The People Ex Rel. Crane v. . RyderNew York Court of Appeals · 1855
- People v. PresidentNew York Supreme Court · 1826
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