Bell v. Pike
Supreme Court of New Hampshire
This was a petition for a writ of mandamus to John F. Jones, towmclerk of Hopkinton, requiring him to amend his record and return of the votes given in for representative in congress, in said Hopkinton, at the election held on the second Tuesday of March, 1873. The opposing candidates at said election in the second congressional district were Samuel N. Bell, of Manchester, the petitioner, and Austin F. Pike, of Franklin, who, having been made a party defendant to the…
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This was a petition for a writ of mandamus to John F. Jones, towmclerk of Hopkinton, requiring him to amend his record and return of the votes given in for representative in congress, in said Hopkinton, at the election held on the second Tuesday of March, 1873. The opposing candidates at said election in the second congressional district were Samuel N. Bell, of Manchester, the petitioner, and Austin F. Pike, of Franklin, who, having been made a party defendant to the proceeding, appeared, and moved to dismiss the petition on the ground that it showed no legal cause for granting the writ. The…
1Opinion of the CourtLadd, J.
The power of the court, by mandamus, to require the clerk of a town to amend his record so as to make it accord with the facts, upon application of any person who shows a legal right, is not to be disputed. The records are public records; and, when the rights affected by an error in them are of a public character, the writ would generally be granted, as matter of course, upon a proper case being shown, ex debito justitice. Bull. N. P. 199; Abbott, C. J., in Rex v. Mayor of West Looe, 3 B. & C. 283.; Rex v. Grampond, 6 T. R. 301; Tapping’s Man. 288, and authorities cited.
The applicant must…
2Cited by7 opinions
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- Opinion of the JusticesSupreme Court of New Hampshire · 1974
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