Commonwealth v. Allen
Massachusetts Supreme Judicial Court
Information in the nature of a quo warranta, filed August 11, 1879, by the attorney general, in behalf of the Commonwealth, and at the relation of two citizens of New Bedford; alleging that the defendant was usurping the office of chief of police of the city of New Bedford.
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Information in the nature of a quo warranta, filed August 11, 1879, by the attorney general, in behalf of the Commonwealth, and at the relation of two citizens of New Bedford; alleging that the defendant was usurping the office of chief of police of the city of New Bedford. The case, as it appeared from the information, answer, and demurrer to the answer, on which it was reserved by Soule, J., for the determination of the full court, was as follows: The St. of 1876, o. 80, provides that “in all cases in which appointments are directed to be made by the mayor and aider-men in any city of the…
1Opinion of the CourtGray, C. J.
This is an information at common law, not regulated by any statute, for the usurpation of an office, which the attorney general has the right to file ex officio in the name and behalf of the Commonwealth, at his own discretion, and leave to file which the court has no authority to grant or to withhold; and the mention of relators is mere surplusage, and does not affect the validity of the information or the form of the judgment to be rendered thereon. Commonwealth v. Fowler, 10 Mass. 290. Goddard v. Smithett, 3 Gray, 116. Cole on Informations, 196. The lapse of time between the defendant’s…
2Cases cited3 opinions
- Commonwealth v. FowlerMassachusetts Supreme Judicial Court · 1813
- Commonwealth v. HawkesMassachusetts Supreme Judicial Court · 1878
- Attorney General v. SimondsMassachusetts Supreme Judicial Court · 1873
3Cited by24 opinions
- State v. BryanSupreme Court of Florida · 1905
- State v. Port of TillamookOregon Supreme Court · 1912
- Attorney General v. City of MethuenMassachusetts Supreme Judicial Court · 1921
- Cox v. SegeeMassachusetts Supreme Judicial Court · 1910
- Attorney General v. SullivanMassachusetts Supreme Judicial Court · 1895
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