People v. Cook — 6 How. Pr. 448

Majority

p. 448

SUPREME COURT.

The People of the State of New York agt. Cook.

Headnote

In an action in the nature of a quo warranto, the place of trial may properly he laid in any county in the state. The People are a party whose residence extends to every county.

Cayuga Circuit, February 1852.

This was an action in the nature of a quo warranto, against the defendant, for an alleged usurpation of the office of treasurer of the state of New York; and the place of trial named in the complaint was Tompkins county. A motion was now made by the defendant for a change of the place of trial to Albany county, on the'ground that the defendant resided in that county at the commencement of the action.

W. L. Learned, for Defendant.

Geo. Rathbun, for Plaintiffs.

Denied the motion, on the ground that the residents of Tompkins county were parties to the action, and therefore that the place of trial was properly laid in a county where part of the plaintiffs resided.