Luce v. Board of Examiners
Massachusetts Supreme Judicial Court
Petition for a writ of mandamus to compel the respondents to count for the petitioner certain ballots cast for county commissioner, and to notify him of his election, in place of one Henry Hip lev, declared by the respondents to be elected to the office. Hearing before C. Allen, J., who dismissed the petition, and reported the case for the consideration of the full court. The facts appear in the opinion.
1Opinion of the CourtField, C. J.
If the facts in this case are as for the purpose of the case they have been conceded to be, it seems that the petitioner was duly elected county commissioner for Dukes County, and that Henry Ripley was not elected. But in this petition for mandamus the right of the petitioner to the office cannot be tried. The object of the petition is to compel the board of examiners to receive the returned copy of the votes cast for county commissioner in the town of Tisbury, at the election held on November 5, 1889; to count the votes thus returned with the votes returned from the other towns of the…
2Cases cited3 opinions
- Putnam v. LangleyMassachusetts Supreme Judicial Court · 1882
- Conlin v. AldrichMassachusetts Supreme Judicial Court · 1868
- Clark v. Board of ExaminersMassachusetts Supreme Judicial Court · 1879
3Cited by12 opinions
- Attorney General v. Suffolk County Apportionment CommissionersMassachusetts Supreme Judicial Court · 1916
- Flanders v. RobertsMassachusetts Supreme Judicial Court · 1903
- Keough v. Board of AldermenMassachusetts Supreme Judicial Court · 1892
- Farrell v. Mayor of RevereMassachusetts Supreme Judicial Court · 1940
- Parrott v. PlunkettMassachusetts Supreme Judicial Court · 1929
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