Conlin v. Aldrich
Massachusetts Supreme Judicial Court
Mandamus on the petition of John A. Conlin. The first writ, issued April 24,1867, was addressed to Samuel N. Aldrich and William A. Start, as members of the school committee of the town of Marlborough, and to William A. Burditt, and required the two former to permit the petitioner to act as a member of the committee, and the latter to refrain from acting as such ; or to show cause to the contrary.
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Mandamus on the petition of John A. Conlin. The first writ, issued April 24,1867, was addressed to Samuel N. Aldrich and William A. Start, as members of the school committee of the town of Marlborough, and to William A. Burditt, and required the two former to permit the petitioner to act as a member of the committee, and the latter to refrain from acting as such ; or to show cause to the contrary. To this the respondents made return; and at the hearing before Chapman, J., these facts appeared : At the annual town meeting in Marlborough held on April 1, 1867, Conlin was chosen a member of the…
1Opinion of the CourtHoar, J.
It is not very strongly contested by the respondents that the appropriate remedy for the petitioner, if he is entitled to any relief, is the writ of mandamus. That point is substantially settled by the case of Strong, petitioner, 20 Pick. 484. And, as we understand that the only purpose or wish of the parties to the controversy is to obtain a decision of this court on the construction of the statute upon which the petitioner’s rights depend, there is no reason to doubt that the whole question ai issue may be substantially disposed of by this proceeding.
The only question reserved for the…
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