State ex rel. Ives v. Choate
Ohio Supreme Court
This is an information, in the nature of a quo warranto, from Huron county. The relator alleges, that on March 19, 1840, the defendant, late-a resident of said county, but then a resident of the county of Erie, did usurp, intrude into, and unlawfully exercise, and from thence up to August 4, 1840, continued, without any right, to exercise the office of an associate judge of the.court oft common pleas of said county of Huron, contrary to the constitution and statutes of the…
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This is an information, in the nature of a quo warranto, from Huron county. The relator alleges, that on March 19, 1840, the defendant, late-a resident of said county, but then a resident of the county of Erie, did usurp, intrude into, and unlawfully exercise, and from thence up to August 4, 1840, continued, without any right, to exercise the office of an associate judge of the.court oft common pleas of said county of Huron, contrary to the constitution and statutes of the state of Ohio. The relation also sots forth, that said Choate, by the act extending the county of Erie, became a resident…
1Dissent
*Lane, C. J.,
dissenting. The justice of the opinion of the *441■court, in these cases, does not rest on the ground that a vacancy •is created in these offices, from the simple operation of the act of ■the general assembly leaving the defendants without the county ■of Huron, by a change of the county lines. Such a doctrine, which would subject the tenure of office of all judges in the state, ■whose functions are territorial, to the will of a majority in the legislature, would be too gross- an abandonment of the slender judicial independence which the constitution has endeavored to ■secure. It is,…
2Cases cited6 opinions
- TERRETT & OTHERS v. Taylor & OthersSupreme Court of the United States · 1815
- Commonwealth v. Union Fire & Marine InsuranceMassachusetts Supreme Judicial Court · 1809
- Trustees of Vernon Society v. HilesNew York Supreme Court · 1826
- President of the Bank of Vincennes v. StateIndiana Supreme Court · 1823
- Slee v. BloomNew York Court of Chancery · 1821
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