Murchie v. Clifford
Supreme Court of New Hampshire
Petition, under section 1, chapter 66, Laws 1893, to determine the title to the office of solicitor for the county of Merrimack, to which the defendant was declared ele cted. Trial before Plummer, J., who transferred the case from the October term, 1910, of the superior court. At the biennial election in November, 1910, there were 5,371 undisputed ballots for each party to this cause.
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Petition, under section 1, chapter 66, Laws 1893, to determine the title to the office of solicitor for the county of Merrimack, to which the defendant was declared ele cted. Trial before Plummer, J., who transferred the case from the October term, 1910, of the superior court. At the biennial election in November, 1910, there were 5,371 undisputed ballots for each party to this cause. The result of the election depends upon the validity of the balloting for Ward 3, Franklin, and thirty-three disputed ballots. Further facts appear in the opinion.
1Opinion of the Court
Peaslee, J.'
1. The city council of Franklin, when providing for the first election after the city organization had been perfected, adopted a resolution fixing the polling-place for Ward 3 within the geographical limits of Ward 2. Elections have been held in accordance with the resolution for sixteen years. This action of the city council was in pursuance of authority given by the legislature to fix the place for holding the annual meetings on fourth Tuesdays in November. Laws 1893, c. 260, s. 10. This procedure has been legalized by the legislature, so far as it had power to do so. Laws 1911,…
2Cases cited4 opinions
- Parvin v. WimbergIndiana Supreme Court · 1892
- Whittam v. ZahorikSupreme Court of Iowa · 1894
- Birdsong & Sledge v. BrooksSupreme Court of Georgia · 1849
- Curran v. ClaytonSupreme Judicial Court of Maine · 1893
3Cited by13 opinions
- Hendon v. North Carolina State Board of ElectionsCourt of Appeals for the Fourth Circuit · 1983
- Melchior v. TodmanDistrict Court, Virgin Islands · 1968
- Nickerson v. AimoSupreme Court of New Hampshire · 1970
- Wyman v. DurkinSupreme Court of New Hampshire · 1974
- Stearns v. O'DowdSupreme Court of New Hampshire · 1917
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