State ex rel. Phelps v. Jackson
Supreme Court of Vermont
Quo Warranto brought, under V. S'. Chap. 82, to the Supreme Court for Washington County at its October Term, 1905, and heard at the January Term, 1906, upon evidence taken and filed.
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Quo Warranto brought, under V. S'. Chap. 82, to the Supreme Court for Washington County at its October Term, 1905, and heard at the January Term, 1906, upon evidence taken and filed. The complaint alleged that the respondent, as State’s Attorney of Washington County, tO' which office he had been duly elected, had filed with the clerk of Washington County Court an information charging the relator with keeping a bucket shop1, upon which information the relator had been arrested and forced to give bail, and that the case was still pending in court; that the respondent is in fact a British…
1Opinion of the CourtPowers, J.
This is a petition for a writ of quo warranto to test the right of the respondent to hold the office of state’s attorney of Washington County. As the case is presented, the only question for our determination is, was Mr. Jackson a citizen of the United States at the time of his election to the office in 1904?
It is said that we were not in harmony with the authorities when we held in State ex rel. v. Danforth, 28 Vt. 594, that in these proceedings persons in possession of an office are presumed to1 be regularly elected and entitled to hold until the contrary appears; and that the true rule is…
2Cases cited21 opinions
- Hauenstein v. LynhamSupreme Court of the United States · 1880
- Inglis v. Trustees of Sailor's Snug Harbour in City of New YorkSupreme Court of the United States · 1830
- Beavers v. SmithSupreme Court of Alabama · 1847
- Keith v. StetterSupreme Court of Kansas · 1881
- State ex rel. Danforth v. HuntonSupreme Court of Vermont · 1856
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3Cited by22 opinions
- Kawakita v. United StatesSupreme Court of the United States · 1952
- Alves v. AlvesDistrict of Columbia Court of Appeals · 1970
- Hamilton v. . Erie R.R. Co.New York Court of Appeals · 1916
- Gallagher v. Philadelphia Transp. Co.Court of Appeals for the Third Circuit · 1950
- Perkins v. ElgCourt of Appeals for the D.C. Circuit · 1938
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