Kimball v. Lamprey
Superior Court of New Hampshire
Petition for a mandamus. The petition states the following facts: The petitioners, Maurice Kimball, Stephen Greene and Ebenezer Lovering, representing themselves to be selectmen of the town of Kensington, allege that the last annual meeting of the town was held on the second Tuesday of March, 1848, and adjourned to the 16th of March. At the adjourned meeting, the petitioners were duly chosen selectmen. The whole number of votes cast for selectmen was sixty-eight.
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Petition for a mandamus. The petition states the following facts: The petitioners, Maurice Kimball, Stephen Greene and Ebenezer Lovering, representing themselves to be selectmen of the town of Kensington, allege that the last annual meeting of the town was held on the second Tuesday of March, 1848, and adjourned to the 16th of March. At the adjourned meeting, the petitioners were duly chosen selectmen. The whole number of votes cast for selectmen was sixty-eight. Kimball had sixty-six votes, Greene had sixty-eight, and Lovering had sixty-six. The petitioners were declared by the moderator, in…
1Opinion of the CourtGilchrist, C. J.
There are numerous authorities tending to show in what cases a writ of mandamus is the appropriate remedy. In the case of the Commonwealth v. Athearn, 3 Mass. Rep. 285, it is intimated by Parsons, C. J., that the proper mode is for the successor of a town clerk to take the oath of office, and to demand of the former clerk the records, and if they are refused, then to move for a mandamus to command him to deliver over the records. It was alleged, in that case, that the defendant was in possession of the office, but was not so legally. In the First Parish in Sudbury v. Stearns, 21 Pick. 148,…
2Cases cited3 opinions
- Shipley v. Mechanics' BankNew York Supreme Court · 1813
- Commonwealth v. AthearnMassachusetts Supreme Judicial Court · 1807
- Hoyt v. BlainNew York Supreme Court · 1834
3Cited by2 opinions
- Eaton v. BurkeSupreme Court of New Hampshire · 1890
- Hill v. GoodwinSupreme Court of New Hampshire · 1876