Legal Opinion

People ex rel. Attorney General v. Mayor of New-York

New York Supreme Court

Decided December 15, 1840PublishedCited by 11 opinions

In April, 1840, the attorney general filed an information in the nature of a quo warranto against the defendants, for ^claiming and [ *10 ] exercising the office of judges of the county court in and for the city and county of New-York.

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In April, 1840, the attorney general filed an information in the nature of a quo warranto against the defendants, for ^claiming and [ *10 ] exercising the office of judges of the county court in and for the city and county of New-York. The defendants pleaded that in April, 1839, Isaac L. Varían was elected mayor, and the other defendants were at the same time elected aldermen of the city, one for each ward into which the city is divided, and that they all took the oath of office. They then set up the charter of the city granted in 1730, and the several acts of the colonial and state…

1Opinion of the Court

The following opinion was delivered in the supreme court:

By the Court,

Bronson, J.

It is unnecessary to refer particularly to the ancient charters of the city, or to the several statutes passed by the colonial and state legislatures, conferring judicial powers upon the mayor and aider-men of the city of New-York. As there is no controversy upon that point, it is sufficient to say, that for more than a century immediately preceding the time of filing this information, the mayor and aldermen, of the city of New-York have been authorized by law to exercise, and have in fact exercised all the…

2Cases cited4 opinions

  1. TERRETT & OTHERS v. Taylor & OthersSupreme Court of the United States · 1815
  2. Hamilton v. RussellSupreme Court of the United States · 1803
  3. Jack v. MartinNew York Supreme Court · 1834
  4. People ex rel. Livingston v. Albany Common PleasNew York Supreme Court · 1837

3Cited by11 opinions

  1. The People Ex Rel. Jackson v. . PotterNew York Court of Appeals · 1872
  2. Warner v. People ex rel. ConnerNew York Supreme Court · 1845
  3. Barry v. TrauxNorth Dakota Supreme Court · 1904
  4. Hooper v. AlmandSupreme Court of Georgia · 1943
  5. Wetmore v. StoryNew York Supreme Court · 1856

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