The Trial in the Supreme Court, of the Information in the Nature of a Quo Warranto Filed by the Attorney General on the Relation of Coles Bashford vs. Wm. A. Barstow, Contesting the Right to the Office of Governor of Wisconsin

The Trial in the Supreme Court, of the Information in the Nature of a Quo Warranto Filed by the Attorney General on the Relation of Coles Bashford vs. Wm. A. Barstow, Contesting the Right to the Office of Governor of Wisconsin

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1856 edition. Excerpt: ...branch of the government, and this arm of the judiciary alone, might be adequate to preserve the balance of powers, to arrest usurped powers, franchises and prerogatives, to quell resistance to constitutional authority, to preserve the liberty of the individualcitizen, and shield the sovereignty of the state itself from violation. Hence we see, that in the very sentence which constitutes the restriction to appellate jurisdiction, is inserted the exception, which-isas broad as the constitution itself." '16 'X'-)6-M "This writ (quo warranto) may go to a person who has usurped the oflice of circuit or county judge, or that of justice of the peace, or indeed an other ofiice, requiring him to appear and show by what ant ority he exercises the power of the oflice. Bait this direction is to the-person, -fndtfto the. oflicer;l_'to th1e'individnal, 'not to the court." T ' ' ' " ' ' " ' Inthe plea of the defendent no election'is enceto the plea in the case of Welch, in the letth of Barber, will" show-'-the court the difference between a proper plea and the one filed by the defendant. This case is a recent one, and its leading points are familiar. The-action was in the nature of a quo warramto, brought by Benjamin Welch for the purpose of testing the ri ht of James M. Cook to the ofiice of treasurer of the State of ew York. Cook was adjudged guilty of usurping and intrudin j intothe otfice by the court, and was ous ed, and Wclch installedg.' Our law and that of New York are the same upon this subject. The attention of the court was called theiother day to the case of Jay and Clinton, in the State of New York. That case was never judicially acted upon. It arose soon after the...show more

Product details

  • Paperback | 124 pages
  • 189 x 246 x 7mm | 236g
  • Rarebooksclub.com
  • United States
  • English
  • black & white illustrations
  • 1236811852
  • 9781236811851