US SUPREME COURT DECISIONS

An information for a quo warranto to try the title to an office cannot be maintained but at the instance of the government, and the consent of parties will not give jurisdiction in such a case.

This was an information for a quo warranto brought to try the title of the defendant to the office of principal surveyor of the Virginia military bounty lands north of the River Ohio, and between the Rivers Scioto and Little Miami. The defendant had been appointed to the office by the State of Virginia, and continued to exercise its duties until the year 1818, during all which time his official acts were recognized by the United States. In that year he was removed by the Governor and Council of Virginia, and the plaintiff appointed in his place. The writ was brought, by consent of parties, to try the title to the office, waiving all questions of form, and of jurisdiction. Judgment was given in the court below for the defendant, and the cause was brought by writ of error to this Court. chanrobles.com-red

Page 18 U. S. 292