Legal Opinion

Ashley v. Three Justices of the Superior Court

Massachusetts Supreme Judicial Court

Decided July 30, 1917PublishedCited by 78 opinions

Petition, filed on February 16, 1917, and allowed to be filed in its amended form on March 20, 1917, by Charles S. Ashley, who was elected mayor of New Bedford on December 5, 1916, against three justices of the Superior Court, for a writ of prohibition prohibiting the respondents from proceeding to hear and determine an election petition of Edward R. Hathaway and four others, charging the present petitioner with having' violated the corrupt practices act and seeking to have…

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Petition, filed on February 16, 1917, and allowed to be filed in its amended form on March 20, 1917, by Charles S. Ashley, who was elected mayor of New Bedford on December 5, 1916, against three justices of the Superior Court, for a writ of prohibition prohibiting the respondents from proceeding to hear and determine an election petition of Edward R. Hathaway and four others, charging the present petitioner with having' violated the corrupt practices act and seeking to have his election as mayor of New Bedford declared void, alleging “that on January 25 last Edward R. Hathaway and four others…

1Opinion of the CourtRugg, C. J.

This is a petition for a writ of prohibition. The petitioner is the respondent in an election petition filed under the *68corrupt practices act, St. 1913, c. 835, as amended by St. 1914, c. 783. That election petition charged the respondent therein, the present petitioner, who hereafter will be called the petitioner, with having violated provisions of the corrupt practices act in connection with his election in December, 1916, as mayor of New Bedford. The respondents are three judges of the Superior Court who have been assigned to hear such election petitions. The grounds alleged for the…

2Cases cited81 opinions

  1. Mugler v. KansasSupreme Court of the United States · 1887
  2. United States v. CruikshankSupreme Court of the United States · 1876
  3. Ex Parte YarbroughSupreme Court of the United States · 1884
  4. Hayes v. MissouriSupreme Court of the United States · 1887
  5. United States v. REESESupreme Court of the United States · 1876

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3Cited by78 opinions

  1. Attorney General v. PelletierMassachusetts Supreme Judicial Court · 1922
  2. Opinion of the Justices to the Senate & the House of RepresentativesMassachusetts Supreme Judicial Court · 1925
  3. O'Coin's, Inc. v. Treasurer of the County of WorcesterMassachusetts Supreme Judicial Court · 1972
  4. Bowe v. Secretary of CommonwealthMassachusetts Supreme Judicial Court · 1946
  5. City of Boston v. DolanMassachusetts Supreme Judicial Court · 1937

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