Selleck v. Common Council of South Norwalk
Supreme Court of Connecticut
Application for a mandamus; brought to the Superior Court in Fairfield County. The petition alleged that the petitioner was duly elected on the 17th day of June, 1873, a member of the common council of the city of South Norwalk, to which ofiice he was elegible, and that be bad taken the oath of office prescribed by law, but that the common council, by a majority vote, had declared his seat vacant, and had refused to admit him to the exercise of the office ; and prayed for a…
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Application for a mandamus; brought to the Superior Court in Fairfield County. The petition alleged that the petitioner was duly elected on the 17th day of June, 1873, a member of the common council of the city of South Norwalk, to which ofiice he was elegible, and that be bad taken the oath of office prescribed by law, but that the common council, by a majority vote, had declared his seat vacant, and had refused to admit him to the exercise of the office ; and prayed for a mandamus to compel the council to rescind the resolution declaring his seat vacant and to admit him to the enjoyment of…
1Opinion of the CourtPark, J.
The only question raised by the record is, whether the statute passed by the legislature in 1873 applies to this case. That act took effect after the election of the petitioner as a member of the common council of the city of South Norwalk, but it was in force when the common council acted in reference to the legality of the petitioner’s election, as set forth in the petition and return.
The petitioner concedes that the legality of his election could have been reviewed by the Superior Court, the tribunal *361authorized by law to determine the question at the time the election took place, but ho…
2Cases cited5 opinions
- Commonwealth v. M'CloskeySupreme Court of Pennsylvania · 1830
- Wammack v. HollowaySupreme Court of Alabama · 1841
- Ex parte StrahlSupreme Court of Iowa · 1864
- O'Docherty v. ArcherTexas Supreme Court · 1852
- People ex rel. Moore v. WitherellMichigan Supreme Court · 1865
3Cited by13 opinions
- Carter v. Superior CourtCalifornia Supreme Court · 1902
- State ex rel. Andrew v. LewisSupreme Court of Connecticut · 1883
- United States Ex Rel. Fink v. TodCourt of Appeals for the Second Circuit · 1924
- Meigs v. TheisSupreme Court of Connecticut · 1925
- Feehan v. MarconeSupreme Court of Connecticut · 2019
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