
    The People, ex relat. Teel against Sweeting.
    Woodworth, attorney-general, moved for leave to file an information in the nature of a quo warranto against Siveeting, acting supervisor of the town of Manlius, in the county of Onondago, He read several affidavits, from which it appeared, that at the annual town-meeting of the freeholders and inhabitants of the town of Manlius, in the county of Onondago, on thefirst Tuesday of April last, Timothy Teel was elected by a majority of the ballots given by the freeholders, &c. a supervisor for that town. After Teel had been elected, and his election was made known by one of the justices at the meeting, the moderator declared the election void, and ordered anew election; and after. Teel and his friends had ■ retired, John Sweeting was chosen supervisor, who took the oath, and now acts as supervisor.
    The court will not allow the attorney-general to lile an information in the nature of a quo. warrato against an officer when it appears that the time for which he was elected will expire before the enquiry can have any effect; but will leave (he party to his •remedy. The court have a discretion as' to the granting of such motions.
   Per Curiam.

This court has a discretion to grant motions of this kind, or to refuse them., if no sufficient reasons appear for'allowing this mode of proceeding. The office of Sweeting, the acting, supervisor, will expire in April, and .before the remedy now prayed for can have any effect. — There must he an issue joined, and a trial, which could not take place before the next election, so that it would be impossible to restore Teel to his office. It would,, therefore, be idle and useless to grant the motion. If the justices have been guilty of any mis.demean- or, the party aggrieved must seek a different remedy.

Motion denied.  