Legal Opinion
People ex rel. Gillett v. DeLamater
Appellate Division of the Supreme Court of the State of New York
Decided April 29, 1936PublishedCited by 5 opinions
1Opinion of the CourtHeffernan, J.
This is an action in quo warranto to test title to the office of brigadier-general in the State National Guard.
In his complaint respondent alleges that he is one of seven brigadier-generals in the military service of the State in active service and that appellant has usurped, intruded into and unlawfully holds the office of brigadier-general. In his prayer for relief respondent seeks an adjudication that he is the lawful holder of such office and that appellant has no title thereto.
The answer admits that respondent duly holds the office in question but denies that appellant has usurped the…
2Cases cited9 opinions
- Fosmire v. . National Surety Co.New York Court of Appeals · 1920
- Baxter v. . McDonnellNew York Court of Appeals · 1897
- New Amsterdam Casualty Co. v. National Union Fire InsuranceAppellate Division of the Supreme Court of the State of New York · 1932
- People Ex Rel. Leo v. . HillNew York Court of Appeals · 1891
- Bernard v. Chase National BankAppellate Division of the Supreme Court of the State of New York · 1931
4 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Storer Broadcasting Company, Detroit Fire & Marine Insurance Company and Associated Aviation Underwriters v. United StatesCourt of Appeals for the Fifth Circuit · 1958
- Nicowski v. NicoskiNew York Supreme Court · 1966
- Rosen v. Colonial Cooperative InsuranceNew York Supreme Court · 1966
- Kolomick v. New York Air National GuardAppellate Division of the Supreme Court of the State of New York · 1996
- People ex rel. Gillett v. LamaterAppellate Division of the Supreme Court of the State of New York · 1937