Duane v. McDonald
Supreme Court of Connecticut
Petition for a mandamus, to compel the admission of the petitioner to the office of committee-man of a school distinct; brought to the Court of Common Pleas for Fairfield County.
Read the full summary
Petition for a mandamus, to compel the admission of the petitioner to the office of committee-man of a school distinct; brought to the Court of Common Pleas for Fairfield County. The petition alleged the legal election of the petitioner to the office by the voters of the school district, and that the office was usurped and exercised by one Patrick Fagan, who claimed to have been elected to it, and set out in detail the proceedings of the district by which, the,petitioner claimed to have been legally elected. The respondents were Fagan, and Michael J. McDonald and Martin Quinlan, who were…
1Opinion of the CourtPark, C. J.
We think it is clear, that Patrick Eagan is a de facto committee-man of the district. He received a plurality of all the votes cast at the meeting of the district, and was declared to be elected by the presiding officer, and on motion being made that the decision of the chair, declaring him elected, be sustained, the meeting almost unanimously voted to sustain it. It further appears that he entered upon the duties of the office of committee-man and is still exercising them, and during all the time that has intervened he has been recognized as a committee-man, duly elected, by the other…
2Cases cited4 opinions
- People ex rel. Bailey v. Supervisors of GreeneNew York Supreme Court · 1851
- People ex. rel. Cuthbert v. Common Council of DetroitMichigan Supreme Court · 1869
- Anderson v. ColsonNebraska Supreme Court · 1871
- Commonwealth v. CommissionersSupreme Court of Pennsylvania · 1841
3Cited by19 opinions
- Lahiff v. Saint Joseph's Total Abstinence & Benevolent SocietySupreme Court of Connecticut · 1904
- State Ex Rel. Comstock v. HempsteadSupreme Court of Connecticut · 1910
- Bartlett v. City of RockvilleSupreme Court of Connecticut · 1963
- Comley, State's Attorney, Ex Rel. Rowell v. BoyleSupreme Court of Connecticut · 1932
- Civil Service Commission v. PekrulConnecticut Superior Court · 1989
14 more not listed; retrieve them via the Exa API.