People ex rel. Wright v. Willard
People ex rel. Wright v. Willard
Opinion of the Court
This action is in the nature of quo warranto, and was brought by the attorney-general in the name of the people of the state on the relation of Franklin N.
No- order was obtained from the general term allowing the appeal, and this motion is made under subdivision three of section 191 of the Code, to dismiss the appeal upon the ground that the matter in controversy is less than $500.
It appears that a trustee of Northville is not entitled to any compensation or salary for his official services, and that there are no perquisites connected with his office, and that no pecuniary consideration is involved in this controversy. The case is therefore brought within the subdivision cited. The language of that subdivision is broad and sweeping, and absolutely forbids an appeal to this court from- any judgment if the matter in controversy excluding costs be less than $500, unless the action is one affecting the title to real property, or some interest therein; and the further provision that the general term may make an order allowing the appeal is intended to provide, besides cases where the pecuniary value in controversy is less than $500, for those involving important public or private interests which cannot be measured by any pecuniary standard.
We have, therefore, no alternative but to dismiss the appeal, and it should be so ordered, with costs in all the courts.
All concur.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.