Stearns v. O'Dowd
Supreme Court of New Hampshire
Petition, under section 1, chapter 66, Laws 1893, to determine the title to the office of sheriff of the county of Hillsborough, to which the defendant was declared elected. The petition alleged that upon a correct count of the ballots cast the petitioner received a plurality of the votes for the office of sheriff and was elected.
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Petition, under section 1, chapter 66, Laws 1893, to determine the title to the office of sheriff of the county of Hillsborough, to which the defendant was declared elected. The petition alleged that upon a correct count of the ballots cast the petitioner received a plurality of the votes for the office of sheriff and was elected. The petition was referred to a master who found on the ballots cast that Stearns received 10,025 votes, and O’Dowd, 10,043, and that there was controversy as to the proper counting of 120 ballots which, numbered and fully described, were returned as a part of the…
1Opinion of the CourtParsons, C. J.
In the record sent to this court the proceeding is labelled, “Bill in Equity.” The defendant objects that a bill in equity cannot be maintained to determine the title to an office. The objection is well taken. A proceeding in equity does not lie, because there is an adequate remedy at law by quo warranto, which, however, cannot be brought until there has been an usurpation of the office, which cannot take place before the commencement of the term of the office in dispute. Attorney-General v. Megin, 63 N. H. 378; Osgood v. Jones, 60 N. H. 543; Osgood v. Jones, 60 N. H. 282. County officers are…
2Cases cited6 opinions
- Dinsmore v. Mayor of ManchesterSupreme Court of New Hampshire · 1911
- Murchie v. CliffordSupreme Court of New Hampshire · 1911
- State v. Manchester & Lawrence RailroadSupreme Court of New Hampshire · 1900
- Osgood v. JonesSupreme Court of New Hampshire · 1881
- Attorney-General Ex Rel. Libbey v. MeginSupreme Court of New Hampshire · 1885
1 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Nickerson v. AimoSupreme Court of New Hampshire · 1970
- Thompson v. BolingCourt of Appeals of Kentucky (pre-1976) · 1931
- Appeal of McDonoughSupreme Court of New Hampshire · 2003
- Barr v. StevensSupreme Court of New Hampshire · 1919
- State ex rel. Tenney v. WatsonSupreme Court of Vermont · 1922