Weeks v. Smith
Supreme Judicial Court of Maine
On report, and exceptions. Petition for mandamus, in the name of and by authority of the attorney, general, to compel the secretary of state to restore a public law to its place in his office, among the public laws of the state.
Read the full summary
On report, and exceptions. Petition for mandamus, in the name of and by authority of the attorney, general, to compel the secretary of state to restore a public law to its place in his office, among the public laws of the state. It appears by the records of the secretary of state’s office that the legislature of 1887, passed what is known as the “Medical Registration Act,” and sent the same to the governor for his approval, who within the time fixed by the constitution returned the bill without his approval, to the senate, where it originated, with a veto message stating his objections, as…
1Opinion of the CourtHaskell, J.
The writ of mandamus is authorized by R. S., c. 77, § 5; but, as that statute does not provide- in what behalf the remedy may be had, the rules of the common law apply.
A private person may move for the writ, in proper cases, when his personal rights have been invaded beyond those rights that he enjoys as a part of the public and that are common to every one; but, when the common right is invaded, it is a public grievance, and the remedy must be asked in behalf of the public> and by the proper officer, who is required by law to prosecute in the state’s behalf.
If then, the right be a public…
2Cases cited9 opinions
- The People v. . PetreaNew York Court of Appeals · 1883
- Gardner v. CollectorSupreme Court of the United States · 1868
- Sherman v. StoryCalifornia Supreme Court · 1866
- Post v. SupervisorsSupreme Court of the United States · 1882
- People Ex Rel. Purdy v. Commissioners of Highways of the Town of MarlboroughNew York Court of Appeals · 1873
4 more not listed; retrieve them via the Exa API.
3Cited by29 opinions
- State ex rel. Reed v. JonesWashington Supreme Court · 1893
- Allen v. StateArizona Supreme Court · 1913
- Carlton v. GrimesSupreme Court of Iowa · 1946
- State v. HestonWest Virginia Supreme Court · 1952
- Atchison, T. & S. F. Ry. Co. v. StateSupreme Court of Oklahoma · 1911
24 more not listed; retrieve them via the Exa API.