This is properly a criminal method of prosecution, as well to punish the usurper by a fine for the usurpation of the franchise, as to oust him, or seize it for the crown; but hath long been applied to the mere purposes of trying the civil right, seizing... A Treatise on the American Law of Elections - Page 197by George Washington McCrary - 1875 - 487 pagesFull view - About this book
| sir William Blackstone - 1825 - 568 pages
...by a fine for the usurpation of the franchise, as to oust him, or seise it for the crown ; but hath long been applied to the mere purposes of trying the civil right, seising the franchise, or ousting the wrongful possessor ; the fine being nominal only. DURING the... | |
| Great Britain. Courts, Sir William Blackstone - Law reports, digests, etc - 1828 - 594 pages
...it for the Crown; but hath long been applied to the mere purpose of trying the civil right, seising the franchise, or ousting the wrongful possessor: the fine being nominal only ;" 3 I'.l.-i. Comm. 263. " Being a kind of civil proceeding, there ought to be no great fine set on... | |
| John Gray - Acknowledgments - 1845 - 462 pages
...franchise, as to oust him, or seize it for the crown ; but it has been long applied to the mere purpose of trying the civil right, seizing the franchise, or ousting the wrongful possessor. however, imply the exercise of some authority derived, or supposed to be derived, mediately or immediately,... | |
| William Robert Cole - Informations - 1847 - 316 pages
...by a fine for the usurpation of the franchise, as to oust him or seize it for the crown : but hath long been applied to the mere purposes of trying the...wrongful possessor ; the fine being nominal only." (3 Blac. Com. c. 17, sec. 5.) charters ; and informations in the nature of quo warranto, were brought... | |
| Georgia. Supreme Court - Equity - 1888 - 946 pages
...warranto, being a wider and less arbitrary proceeding, took its place, and is " applied to the mere purpose of trying the civil right, seizing the franchise or ousting the wrongful possessor." Whelchel el a!, ta. Tho State of Oeargia, ex rel. Wiley el al. The facts declared in this petition,... | |
| United States. Congress - Law - 1851 - 828 pages
...by fine for the usurpation ' of the franchise, as to oust him, or seize it for ' the Crown, but hath long been applied to the • mere purposes of trying...right, seizing ' the franchise, or ousting the wrongful owner — 1 the fine being nominal only." Again, sir. in the act of Congress entitled an act to establish... | |
| William Blackstone, George Sharswood - Law - 1860 - 780 pages
...for the crown ; but hath long been applied to the mere purposes of trying the civil right, seising the franchise, or ousting the wrongful possessor; the fine being nominal only. During the violent proceedings that took place in the latter end of the reign of king Charles the Second,... | |
| William Blackstone, George Sharswood - Law - 1860 - 778 pages
...by a fine for the usurpation of the franchise, as to oust him, or seise it for the crown ; but hath long been applied to the mere purposes of trying the civil right, seising the franchise, or ousting the wrongful possessor; the fine being nominal only. During the violent... | |
| Illinois. Supreme Court - Law reports, digests, etc - 1850 - 744 pages
...franchise, as to oust him, or seize it for the crown, but hath long been applied to the mere purpose of trying the civil right, seizing the franchise,...wrongful possessor; the fine being nominal only." 3 Black. Com., 263. Our statute of quo warranto, has in no way changed the criminal character of this... | |
| Henry John Stephen - Law - 1863 - 770 pages
...fine for the usurpation of the franchise, as to oust him or seize it for the Crown (a). But it hath long been applied to the mere purposes of trying the...seizing the franchise, or ousting the wrongful possessor (b) ; the fine (*) R. v. Staiiton, Cro. Jac. 259 j 11. v. Mayor of London, 1 Show. 280. (a) Blackstone... | |
| |