State v. Town Council So. Kingstown
Supreme Court of Rhode Island
Petition for a writ of Mandamus. On demurrer to the petition. This petition preferred by the Attorney General sets forth that an elective meeting to choose a senator and representatives from the town of South Kingstown to the General Assembly of the State was holden on the first Wednesday in April, 1893, and failed to elect, no person voted for having a majority of the vote cast ; that pursuant to Pub.
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Petition for a writ of Mandamus. On demurrer to the petition. This petition preferred by the Attorney General sets forth that an elective meeting to choose a senator and representatives from the town of South Kingstown to the General Assembly of the State was holden on the first Wednesday in April, 1893, and failed to elect, no person voted for having a majority of the vote cast ; that pursuant to Pub. Laws R. I. cap. 710, § 18, of March 22, 1888, the town council ordered a new election to he holden April lé, 1893, which duly took place and also resulted in a failure ’ to elect ; that the…
1Opinion of the Court
The court is of the opinion that it has no jurisdiction to grant the writ prayed for, since the Constitution Art. IV. § 6, provides that "Each house (of the General Assembly) shall be the judge of the elections and qualifications of its members." Should the court, by its writ require the town council to fix a day for a new election beyond the ten days specified in Pub. Laws R.I. cap. 710, § 18, of March 22, 1888, thereby impliedly holding that a new election so held would be legal and binding, and an election of senator and representative should then be made, the senate and house of…
2Cases cited1 opinion
- Weeden v. Town Council of RichmondSupreme Court of Rhode Island · 1868
3Cited by15 opinions
- State ex rel. Biggs v. CorleySupreme Court of Delaware · 1934
- Sterne, Agee & Leach, Inc. v. U.S. Bank National Ass'nSupreme Court of Alabama · 2014
- Robinson v. EnkingIdaho Supreme Court · 1937
- People ex rel. Gosling v. PottsIllinois Supreme Court · 1914
- State v. RichardsSupreme Court of Delaware · 1949
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