Dennett
Supreme Judicial Court of Maine
The petitioner represents, that he received a plurality of the votes, given for a County Commissioner, by the towns and plantations of the county of Lincoln, at their annual meetings held in Sept. 1850 ; whereby he was duly elected to that office ; — that lists of said votes were duly returned to the Secretary of the State; — that it was the right of the petitioner to have it declared by the Governor and Council, that he was elected to said office, and to have the same…
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The petitioner represents, that he received a plurality of the votes, given for a County Commissioner, by the towns and plantations of the county of Lincoln, at their annual meetings held in Sept. 1850 ; whereby he was duly elected to that office ; — that lists of said votes were duly returned to the Secretary of the State; — that it was the right of the petitioner to have it declared by the Governor and Council, that he was elected to said office, and to have the same certified to him by the Secretary of the State; — that the Governor and Council, disregarding the rights of the petitioner,…
1Opinion of the CourtShepley, C. J.
This is a petition to the court, that a rule may issue, that the Governor and Council and Secretary of the State may show cause, why a writ of mandamus should not issue commanding the Governor and Council to declare the petitioner elected to the office of County Commissioner for the county of Lincoln.
If such a writ cannot be legally issued by the court the rule to show cause should not be made.
By the constitution the powers of the government are divided into thee distinct departments, and no person belonging to one of these, can exercise any of the powers properly belonging to either of the…
2Cases cited1 opinion
- Marbury v. MadisonSupreme Court of the United States · 1803
3Cited by16 opinions
- Kadderly v. PortlandOregon Supreme Court · 1903
- Slack v. JacobWest Virginia Supreme Court · 1875
- State ex rel. Jameson v. DennyIndiana Supreme Court · 1889
- State ex rel. Yancey v. HydeIndiana Supreme Court · 1889
- State ex rel. Cranmer v. ThorsonSouth Dakota Supreme Court · 1896
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