Groton v. Inhabitants of Waldoborough
Supreme Judicial Court of Maine
In this action, which was assumpsit, the plaintiff sought to recover back the sum of $33,29, which he had paid to the defendants for the office of Constable for three years — the office having been put up at auction, and bid off, prior to the election. In the Court of Common Pleas a nonsuit was ordered, and the case was brought upon exceptions. cited hunt’s case, 6 Greenl. 412; Sumner v. The first Parish in Dorchester, 4 Pick. 361 ; Ames-bury Cotton and Woollen Manuf.
Read the full summary
In this action, which was assumpsit, the plaintiff sought to recover back the sum of $33,29, which he had paid to the defendants for the office of Constable for three years — the office having been put up at auction, and bid off, prior to the election. In the Court of Common Pleas a nonsuit was ordered, and the case was brought upon exceptions. cited hunt’s case, 6 Greenl. 412; Sumner v. The first Parish in Dorchester, 4 Pick. 361 ; Ames-bury Cotton and Woollen Manuf. Co. v. The Inhabitants of Amesbury, 17 Mass. 461; 2 Barnw. Sf Cress. 729 ; Chitty on Cont. 191.
1Opinion of the Court
Wrston J.
delivered the opinion of the Court.
It is made by law the duty of towns to choose constables ; but they have no right to sell the office. It is to be presumed that the citizens will promote such men to office, as are best qualified to discharge the duties. If they are allowed to be the subjects of sale, there would be great danger that purchasers would reimburse themselves by oppression and extortion ; and that fidelity and integrity would be less regarded than gain. Indeed, men of elevated minds and correct principles, could never be reconciled to this mode of obtaining office. The…
2Cases cited2 opinions
- Inhabitants of Worcester v. EatonMassachusetts Supreme Judicial Court · 1814
- M'Cullum v. GourlayNew York Supreme Court · 1811
3Cited by2 opinions
- Chenard v. Marcel MotorsSupreme Judicial Court of Maine · 1978
- Lehigh v. Pittston Co.Supreme Judicial Court of Maine · 1983