State Ex Rel. Scofield v. Starr
Supreme Court of Connecticut
Ineoemation iu the nature of quo warranto to determine the respondent’s title to the office of city surveyor of Bridgeport, brought to and tried by the Superior Court in Fair-field County, STmmway, J., upon the respondent’s demurrer to the replication; the court sustained the demurrer and rendered judgment for the respondent, from which the relator appealed.
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Ineoemation iu the nature of quo warranto to determine the respondent’s title to the office of city surveyor of Bridgeport, brought to and tried by the Superior Court in Fair-field County, STmmway, J., upon the respondent’s demurrer to the replication; the court sustained the demurrer and rendered judgment for the respondent, from which the relator appealed. The charter of the city of Bridgeport provides that the common council shall consist of the mayor and twenty-four aldermen ; that the mayor shall preside at the meetings of the common council; that all elections or appointments within the…
1Opinion of the CourtHamersley, J.
No question is made as to the form of .the demurrer, which is directed to the allegation that the blank ballot was innocently and ignorantly cast by a member of the common council; and we do not consider questions neither specifically assigned as error nor referred to in argument.
The appointment of an officer once made cannot be revoked by the appointing power, unless permissible under the power of removal. This is true of appointments made by a single executive, an executive board, a court, or a legislative body or board. But until the appointment is made the manner of its expression is…
2Cases cited4 opinions
- State ex rel. Coogan v. BarbourSupreme Court of Connecticut · 1885
- Wood v. CutterMassachusetts Supreme Judicial Court · 1884
- Baker v. CushmanMassachusetts Supreme Judicial Court · 1879
- State v. PhillipsSupreme Judicial Court of Maine · 1887
3Cited by10 opinions
- State ex rel. Burdick v. TyrrellWisconsin Supreme Court · 1914
- McChesney v. Sampson, GovernorCourt of Appeals of Kentucky (pre-1976) · 1930
- Board of Education of Boyle County v. McChesneyCourt of Appeals of Kentucky (pre-1976) · 1930
- State Ex Rel. Rundbaken v. WatrousSupreme Court of Connecticut · 1949
- State Ex Rel. Jewett v. SattiSupreme Court of Connecticut · 1947
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