Woodside v. Wagg
Supreme Judicial Court of Maine
ON EXCEPTIONS. Error to reverse a judgment of the municipal court for the town of Brunswick. The case conies to the law court on exceptions by the plaintiff in error. The material facts appear in the opinion. Error is the only efficient remedy in this case. Jewell v. Brown, 33 Maine, 250. When the judge of the municipal court of Brunswick, qualified as a member of the legislature, he vacated his office as judge.
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ON EXCEPTIONS. Error to reverse a judgment of the municipal court for the town of Brunswick. The case conies to the law court on exceptions by the plaintiff in error. The material facts appear in the opinion. Error is the only efficient remedy in this case. Jewell v. Brown, 33 Maine, 250. When the judge of the municipal court of Brunswick, qualified as a member of the legislature, he vacated his office as judge. Constitution, art. 3, § § 1, 2; art. 9, § 2. By the act establishing the court, 1850, c. 195, § 11, it is provided in case of vacancy in the office of judge, that a justice of the…
1Opinion of the CourtSymoNDS, J.
This is a writ of error to reverse a judgment rendered in the municipal court for the town of Brunswick. The rulings at nisi prius were against the plaintiff in error, exceptions were taken, and in support of the exceptions the argument relies upon one essential ground, variously stated in several of the assignments of error. It is insisted that the judgment is erroneous,.because before it was rendered the judge of that court had vacated his office by accepting an election to the legislature, and by qualifying and acting as a member of that body. By that fact, it is claimed, the judge ceased…
2Cases cited3 opinions
- State v. CarrollSupreme Court of Connecticut · 1871
- Sheehan's CaseMassachusetts Supreme Judicial Court · 1877
- Commonwealth v. HawkesMassachusetts Supreme Judicial Court · 1878
3Cited by15 opinions
- Building & Loan Ass'n v. SohnWest Virginia Supreme Court · 1903
- Oliver v. Mayor of Jersey CitySupreme Court of New Jersey · 1899
- Merced Bank v. RosenthalCalifornia Supreme Court · 1893
- Auditor General v. Board of SupervisorsMichigan Supreme Court · 1891
- People v. SehornCalifornia Supreme Court · 1897
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