Wheeler v. Carter
Massachusetts Supreme Judicial Court
Petition of Henry A. Wheeler for a writ of mandamus commanding Edmund W. Wheeler to desist from acting as selectman of the town of Berlin and commanding the two other respondents, as selectmen of that town, to recognize the petitioner as selectman elected on March 4,1901, for a term of three years, filed April 15, 1901. The case was heard by Loving, J., who was of opinion that the writ should issue, but at the request of the respondents reported the case for the…
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Petition of Henry A. Wheeler for a writ of mandamus commanding Edmund W. Wheeler to desist from acting as selectman of the town of Berlin and commanding the two other respondents, as selectmen of that town, to recognize the petitioner as selectman elected on March 4,1901, for a term of three years, filed April 15, 1901. The case was heard by Loving, J., who was of opinion that the writ should issue, but at the request of the respondents reported the case for the consideration of the full court, such order to be entered as law and justice might require. It appeared that the petitioner acted as…
1Opinion of the CourtKnowlton, J.
The St. 1898, c. 548, § 173, is as follows: “No person shall at a state, city or town election be eligible or act as an election officer in a voting precinct in which he is a candidate for election, and if a_ person appointed an election officer becomes such a candidate, and does not forthwith resign his office, the mayor or selectmen shall, if he is a candidate at a state election, remove him from office before the first day of November, or, if be is a candidate at a city election, the mayor shall so remove him at least eight days before the day of the election, or if he is a candidate at a…
2Cases cited3 opinions
- Halleck v. Inhabitants of BoylstonMassachusetts Supreme Judicial Court · 1875
- Attorney General v. CrockerMassachusetts Supreme Judicial Court · 1885
- O'Connell v. MathewsMassachusetts Supreme Judicial Court · 1901
3Cited by11 opinions
- Cheney v. CoughlinMassachusetts Supreme Judicial Court · 1909
- Brewster v. ShermanMassachusetts Supreme Judicial Court · 1907
- Swift v. Board of Registrars of VotersMassachusetts Supreme Judicial Court · 1932
- Doggett v. HooperMassachusetts Supreme Judicial Court · 1940
- Parrott v. PlunkettMassachusetts Supreme Judicial Court · 1929
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