State v. Kearn
Supreme Court of Rhode Island
Quo Warranto. This was an information filed by the Attorney General on the relation of certain persons claiming to have been duly elected town councilmen of the town of Lincoln, against the respondents, who were “ using and exercising the office of town councilmen.”
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Quo Warranto. This was an information filed by the Attorney General on the relation of certain persons claiming to have been duly elected town councilmen of the town of Lincoln, against the respondents, who were “ using and exercising the office of town councilmen.” The information is as follows: — To the Honorable Supreme Court for the County of Providence : — Robert W. Burbank, of the city and County of Providence, Attorney General of the State of Rhode Island and Providence Plantations, who prosecutes for said State, in this behalf comes into this Honorable Court, and for said State, at…
1Opinion of the Court
The respondents urge three grounds of demurrer to the information. First, that the several members of the town council of Lincoln are joined as respondents in the information, instead of its proceeding against each one separately, as for a distinct office. The court is of opinion that this is not erroneous. While undoubtedly the title of a single member of the town council to his office may be inquired into independently of the title of the others, the court sees no sufficient reason why, upon allegations which affect the title of all alike, they may not be proceeded against in one…
2Cases cited6 opinions
- Clark v. People ex rel. CraneIllinois Supreme Court · 1853
- People ex rel. Hudson v. DeMillMichigan Supreme Court · 1867
- State v. SimpkinsSupreme Court of Iowa · 1889
- Attorney General v. SimondsMassachusetts Supreme Judicial Court · 1873
- Carrico v. People ex rel. Trustees of SchoolsIllinois Supreme Court · 1887
1 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- State Ex Rel. Webb v. CianciSupreme Court of Rhode Island · 1991
- Fargnoli v. CianciSupreme Court of Rhode Island · 1979
- Howell v. PateSupreme Court of Georgia · 1904
- Black v. CummingsSupreme Court of Rhode Island · 1939
- Bonynge v. FrankSupreme Court of New Jersey · 1916
6 more not listed; retrieve them via the Exa API.