Brown v. Foster
Supreme Judicial Court of Maine
On exceptions. This was a petition for mandamus to compel the defendant to deliver to the complainant all books, papers, records, etc., appertaining to the office of city clerk of Waterville, the complainant alleging that he was duly elected to that office, which allegation the defendant denied ; the complainant further alleging that in the election of subordinate city officers in the city of Waterville, the mayor of said city could not participate except where each…
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On exceptions. This was a petition for mandamus to compel the defendant to deliver to the complainant all books, papers, records, etc., appertaining to the office of city clerk of Waterville, the complainant alleging that he was duly elected to that office, which allegation the defendant denied ; the complainant further alleging that in the election of subordinate city officers in the city of Waterville, the mayor of said city could not participate except where each candidate had an equal number of votes. In the hearing before the justice before whom the proceedings pended, the following…
1Opinion of the CourtPeters, C. J.
The only question sought to be settled by this proceeding of mandamus is whether the mayor of the city of Waterville is entitled by the provisions of the charter of that city (ck. 195, Pri. and Spec. Laws, 1887) to vote with the aldermen and councilmen in joint convention in the election of subordinate city officers, in the present case in the election of a city clerk, besides having the casting vote in such election in case of a tie.
*51The case conies to us upon exceptions to the ruling of the justice of this court who tried the action, and who decided that the mayor had no such right as was…
2Cited by8 opinions
- State Ex Rel. Easbey v. Highway Patrol BoardMontana Supreme Court · 1962
- Cate v. MartinSupreme Court of New Hampshire · 1899
- Palmer v. ClaxtonSupreme Court of Georgia · 1950
- McClain v. Church, MayorUtah Supreme Court · 1930
- Reeder v. TrotterTennessee Supreme Court · 1919
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