Perry v. Hull
Massachusetts Supreme Judicial Court
Petition for a writ of mandamus by six citizens of the town of Millbury against the chairman and secretary of a republican caucus of that town and five other persons declared at the caucus to have been elected the republican town committee of Mill-bury, praying that the chairman and secretary be ordered to count the votes cast for the petitioners and others and to declare the seven or eight having the highest number' of votes' to be elected members of the committee, filed…
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Petition for a writ of mandamus by six citizens of the town of Millbury against the chairman and secretary of a republican caucus of that town and five other persons declared at the caucus to have been elected the republican town committee of Mill-bury, praying that the chairman and secretary be ordered to count the votes cast for the petitioners and others and to declare the seven or eight having the highest number' of votes' to be elected members of the committee, filed October 12, 1901. The petition alleged, that a majority of the voters had determined to elect a new committee and had…
1Opinion of the CourtBarker, J.
We assume that all the allegations of the petition are true. We assume further, but without so deciding, that the decision of the chairman and secretary of the caucus may be revised by the courts in proper proceedings. But the demurrer was rightly sustained because mandamus will not lie where the petitioners have another remedy by bill or petition given by statute. Hill v. McKim, 168 Mass. 100. In that case a judge of a court of insolvency having refused to order a hearing upon a proposal for composition it was held that the proper remedy was by bill or petition under Pub. Sts. c. 157, § 15,…
2Cases cited1 opinion
- Hill v. McKimMassachusetts Supreme Judicial Court · 1897
3Cited by14 opinions
- Cheney v. CoughlinMassachusetts Supreme Judicial Court · 1909
- Brewster v. ShermanMassachusetts Supreme Judicial Court · 1907
- Godfrey v. Building CommissionerMassachusetts Supreme Judicial Court · 1928
- Attorney General v. New York, New Haven, & Hartford RailroadMassachusetts Supreme Judicial Court · 1908
- Cheney v. BarkerMassachusetts Supreme Judicial Court · 1908
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