Dinsmore v. Mayor of Manchester
Supreme Court of New Hampshire
Petition, for a writ of certiorari. Facts found, and case transferred from the January term, 1911, of the superior court, by Wallace, C. J. At the election in November, 1910, the moderator of Ward 8, Manchester, declared one Wenzel elected to the office of alderman. Thereupon the plaintiff petitioned the board of mayor and aldermen, alleging that he received more votes for alderman than Wenzel and that he should be given the office.
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Petition, for a writ of certiorari. Facts found, and case transferred from the January term, 1911, of the superior court, by Wallace, C. J. At the election in November, 1910, the moderator of Ward 8, Manchester, declared one Wenzel elected to the office of alderman. Thereupon the plaintiff petitioned the board of mayor and aldermen, alleging that he received more votes for alderman than Wenzel and that he should be given the office. Several hearings were had upon this petition; and as it appeared that the result depended on an examination of the ballots cast, a recount was had at the office…
1Opinion of the CourtWalker, J.
At a hearing before the board of mayor and aider-men, where this election contest was being considered, it was conceded by all parties concerned, who were present and represented by counsel, that three of the five ballots in dispute were legal ballots for Dinsmore and that the contest in fact related to the effect to be given the other two. Having agreed that three of the disputed ballots should be counted for Dinsmore and having rested his claim to an election upon the interpretation to be given to the other two, Wenzel cannot now insist that he was not bound by that agreement. He waived his…
2Cases cited1 opinion
- Ableman v. BoothSupreme Court of the United States · 1859
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