Eaton v. Burke
Supreme Court of New Hampshire
Petition, for a mandamus, requiring the defendant Burke, as mayor, and the defendants Reynolds and Farley, claiming to be street commissioners respectively of districts of the city numbered 8 and 5, to deliver to the plaintiff the tools, implements, and property of the city used in the repairing of streets, roads, and bridges, and the keys of the buildings where the tools and implements are stored, to submit to the authority of the plaintiff as street commissioner, and to…
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Petition, for a mandamus, requiring the defendant Burke, as mayor, and the defendants Reynolds and Farley, claiming to be street commissioners respectively of districts of the city numbered 8 and 5, to deliver to the plaintiff the tools, implements, and property of the city used in the repairing of streets, roads, and bridges, and the keys of the buildings where the tools and implements are stored, to submit to the authority of the plaintiff as street commissioner, and to cease to obstruct or hinder him in the duties of that office. Facts agreed. At the annual election held in the city of…
1Opinion of the CourtSmith, J.
In 1889 the legislature established the office of “ street commissioner ” of the city of Nashua, the incumbent to be chosen by the people and by general ticket at the annual election in .November. Laws 1889, c. 248. At the annual election in 1889 the plaintiff was chosen to that office, was declared elected, took the oath of office, and has been ready and willing to discharge its duties from the beginning of the present municipal year in January. There is no dispute about his election. No other person claims the office. He is prevented from entering upon and discharging his official duties by…
2Cases cited6 opinions
- New London Northern Railroad v. Boston & Albany RailroadMassachusetts Supreme Judicial Court · 1869
- Denniston v. ClarkMassachusetts Supreme Judicial Court · 1878
- Conlin v. AldrichMassachusetts Supreme Judicial Court · 1868
- Metsker v. NeallySupreme Court of Kansas · 1889
- Bigelow v. City of BostonMassachusetts Supreme Judicial Court · 1877
1 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Parker-Young Co. v. StateSupreme Court of New Hampshire · 1929
- State v. Levy CourtSuperior Court of Delaware · 1927
- Grimes v. KeenanSupreme Court of New Hampshire · 1936
- Kearns v. NuteSupreme Court of New Hampshire · 1946
- St. Louis v. Eldredge, et al.District Court, D. New Hampshire · 1997