New York Court of Appeals
The People Ex Rel. Jacob A. Hatzel, Appellants v. George Hall, Respondent
February 24, 188080 N.Y. 117
Summary
The Court held that the abolition of the writ of quo warranta by the Code of Procedure does not divest the courts of jurisdiction over disputes concerning the right to hold municipal office, and that the charter provision granting the board of aldermen authority to judge its members' qualifications does not oust the courts' jurisdiction. Accordingly, the lower court's nonsuit was reversed, allowing the People to pursue the action, while the judgment against the relator was affirmed.