Legal Opinion

Taylor v. McPheters

Massachusetts Supreme Judicial Court

Decided January 15, 1873PublishedCited by 5 opinions

Petition by Lewis W. Taylor, Patrick Cummiskey and four others, citizens of Lowell and legal voters therein, filed May 14, 1872 alleging that on May 7,1872, an election was had in all the wards of the city of Lowell on the question whether any person should be allowed to sell or keep for sale ale, porter, strong beer or lager bier in the city; that in Ward Two an election was duly held; that the ballots given in were counted and declared by the warden and inspectors of…

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Petition by Lewis W. Taylor, Patrick Cummiskey and four others, citizens of Lowell and legal voters therein, filed May 14, 1872 alleging that on May 7,1872, an election was had in all the wards of the city of Lowell on the question whether any person should be allowed to sell or keep for sale ale, porter, strong beer or lager bier in the city; that in Ward Two an election was duly held; that the ballots given in were counted and declared by the warden and inspectors of elections in the ward, and were recorded at large by the clerk of the ward in open ward meeting; that a transcript of such…

1Opinion of the CourtWells, J.

The St. of 1871, c. 334, does not explicitly provide any mode in which the result of the vote, upon the question which it authorizes to be submitted, shall be ascertained and declared. It does provide that meetings called for the purpose shall be “ held in the same manner as meetings for the election of municipal officers.” From this it is argued, and we think correctly, that it is the duty of the city clerk, upon receiving the returns from the ward officers, to enter them, or a plain and intelligible abstract of the same, upon the journal of the proceedings of the mayor and aldermen, or some…

2Cited by5 opinions

  1. Kilroy v. O'ConnorMassachusetts Supreme Judicial Court · 1949
  2. Chesebro v. BabcockSupreme Court of Connecticut · 1890
  3. State ex rel. Repp v. CoxIndiana Supreme Court · 1900
  4. Borough of Ansonia v. StudleySupreme Court of Connecticut · 1895
  5. Crudden v. Superintendent of SchoolsMassachusetts Supreme Judicial Court · 1946

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