State ex rel. Goodell v. McGeary
Supreme Court of Vermont
Complaint and Petition alleging that the respondent usurps the office of alderman and praying that a writ of quo warranto issue against him, to the Supreme Court, for the County of Chittenden at the May Term, 1897. The defendant answered and testimony was taken. The facts disclosed by the pleadings and evidence are stated in the opinion. The complaint was made by the State’s Attorney as such, and also upon relation.
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Complaint and Petition alleging that the respondent usurps the office of alderman and praying that a writ of quo warranto issue against him, to the Supreme Court, for the County of Chittenden at the May Term, 1897. The defendant answered and testimony was taken. The facts disclosed by the pleadings and evidence are stated in the opinion. The complaint was made by the State’s Attorney as such, and also upon relation. The charter was intended to effect a distribution of the powers of government among the wards. The distinction between the city voters and the ward voters is maintained…
1Opinion of the CourtRoss, C. J.
The disposition of this case involves several inquiries.(1) Was J. W. McGeary duly elected alderman of ward five in the city of Burlington at the annual meeting holden March 2, 1897?
He received a majority of the votes cast for such officer at that meeting. Was he then eligible to the office? The answer to this question depends upon the ascertainment of the length of residence in ward five, which the charter of the city then required to render him qualified to hold the office, and whether he had resided in that ward for the required length of time. There is no contention in regard to his…
2Cases cited2 opinions
- State v. FisherSupreme Court of Vermont · 1856
- State ex rel. Murry v. MeadSupreme Court of Vermont · 1883
3Cited by8 opinions
- Madden v. Board of Election CommissionersMassachusetts Supreme Judicial Court · 1925
- Fields v. NicholsonIndiana Supreme Court · 1926
- Patten v. HaseltonSupreme Court of Iowa · 1914
- State Ex Rel. Perkins v. EdwardsSupreme Court of Vermont · 1925
- Heald v. PaysonSupreme Judicial Court of Maine · 1913
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