People ex rel. Hart v. Phillips
Court for the Trial of Impeachments and Correction of Errors
Information in the nature of a quo warranto. The attorney general, on the relation of Henry I. Hart, in December, 1844, filed an information setting forth that a religious society called B’Nai Jeshurun, was organized under the act to provide for the incorporation of religious societies, passed April 5,1813, and the acts supplementary to and amending the same; that for more than ten years last past it had been a body corporate, and entitled to all the rights and franchises…
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Information in the nature of a quo warranto. The attorney general, on the relation of Henry I. Hart, in December, 1844, filed an information setting forth that a religious society called B’Nai Jeshurun, was organized under the act to provide for the incorporation of religious societies, passed April 5,1813, and the acts supplementary to and amending the same; that for more than ten years last past it had been a body corporate, and entitled to all the rights and franchises conferred upon corporations organized under that act; and that the office of trustee of such corporation is a public…
1Opinion of the Court
By the Court, Beardsley, J.
This information was filed in December, 1844. It alleges that Phillips, one of the defendants, had usurped the office of trustee of the religious society, incorporated by the name of B’Nai Jeshurun, and that for forty days and more then last past, he had unlawfully held and executed said office. The holding is confessed by Phillips, but he denies the usurpation; and in justification he sets up in his plea that having, in 1841, been duly elected to and taken upon himself the office of trustee in said corporation, for a term which expired on the 11th day of October,…
2Cases cited2 opinions
- In re the election of Directors of the Long Island RailroadNew York Supreme Court · 1837
- Commonwealth v. WoelperSupreme Court of Pennsylvania · 1817
3Cited by13 opinions
- People Ex Rel. Hatzel v. . HallNew York Court of Appeals · 1880
- People v. . Albany Susquehanna R.R. Co.New York Court of Appeals · 1874
- Davis v. City CouncilSupreme Court of Georgia · 1893
- Martin v. McGarrSupreme Court of Oklahoma · 1910
- State Ex Rel. Ross v. AndersonIndiana Court of Appeals · 1903
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