Legal Opinion

State v. Churchman

Superior Court of Delaware

Decided March 27, 1901No. Information in the nature of a writ of quo warranto No. 144PublishedCited by 3 opinions

The information was in the following form: “ The information of Herbert H. Ward, Attorney-General of the State of Delaware, respectfully showeth and gives the Court here to understand and be informed that the term of office of former , Judge J. Frank Ball, who was City Judge of the Municipal Court for the City' of Wilmington, terminated and expired on the twenty-first day of October, A. D. 1900, and a commission to act and discharge the duties of City Judge of the Municipal…

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The information was in the following form: “ The information of Herbert H. Ward, Attorney-General of the State of Delaware, respectfully showeth and gives the Court here to understand and be informed that the term of office of former , Judge J. Frank Ball, who was City Judge of the Municipal Court for the City' of Wilmington, terminated and expired on the twenty-first day of October, A. D. 1900, and a commission to act and discharge the duties of City Judge of the Municipal Court for the City of Wilmington, was thereupon, on the twenty-second day of October A. D. 1900, duly issued by the then…

1Opinion of the Court

Bocye, J.:

The information and plea filed, which appear in the statement of the case, disclose fully the contentions between the parties to this proceeding, and it is unnecessary to set them forth in this opinion. Issue has been joined upon the demurrer to the plea, and the main question presented for our consideration and determination is the principal averment contained in the demurrer in words following : “ That the consent of a majority of all the members elected to the Senate of the State of Delaware to the said appointment of the said Edwin R. Cochran, Jr., Esquire, to be the City Judge…

2Cases cited2 opinions

  1. Coyle v. GraySupreme Court of Delaware · 1884
  2. Respublica v. DallasSupreme Court of Pennsylvania · 1801

3Cited by3 opinions

  1. Brooks v. StateSupreme Court of Delaware · 1911
  2. State ex rel. Green v. CollisonSuperior Court of Delaware · 1938
  3. State v. CaulkSuperior Court of Delaware · 1927

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