WALLACE v. ANDERSON


18 U.S. 134 (____)

5 Wheat. 134

WALLACE v. ANDERSON.

Supreme Court of United States.


Attorney(s) appearing for the Case

March 6th, 1820. The cause was argued by Hardin, for the plaintiff, and by the Attorney-General and Scott, for the defendant.


*292] *March 8th. MARSHALL, Ch. J., delivered the opinion of the court, that a writ of quo warranto could not be maintained except at the instance of the government, and as this writ was issued by a private individual, without the authority of the government, it could not be sustained, whatever might be the right of the prosecutor, or of the person claiming to exercise the office in question. The information must, therefore, be dismissed.

Judgment reversed.

...

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