Legal Opinion

Hamlin v. Higgins

Supreme Judicial Court of Maine

Decided July 9, 1907PublishedCited by 8 opinions

On exceptions by defendants. Overruled. Peremptory writ of mandamus to issue as ordered. Petition by Hannibal E. Hamlin in bis capacity of Attorney General of the State of Maine, “ who petitions in his own proper person, and for said State on relation of Arnold H. Jones of Rockland, in the County of Knox, Mayor of said Rockland, and R. A. Rhodes, R. A. Crie and H. B. Bird all of said Rockland and members of the Common Council of said Rockland, acting individually for…

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On exceptions by defendants. Overruled. Peremptory writ of mandamus to issue as ordered. Petition by Hannibal E. Hamlin in bis capacity of Attorney General of the State of Maine, “ who petitions in his own proper person, and for said State on relation of Arnold H. Jones of Rockland, in the County of Knox, Mayor of said Rockland, and R. A. Rhodes, R. A. Crie and H. B. Bird all of said Rockland and members of the Common Council of said Rockland, acting individually for themselves and jointly as a committee of and for said Common Council,” for a writ of mandamus to compel the Board of Aldermen…

1Opinion of the CourtEmery, C. J.

This case comes before the Law Court upon the respondent’s exceptions to various rulings of a Justice of this court during proceedings resulting in an order for the issue of a peremptory writ of mandamus.

The writ of mandamus was originally a prerogative writ which the Court of King’s Bench was wont to issue to any part of the realm for the prevention of disorder from failure of justice or defect of police. Spelling on Ex. Bern. 1368-1685. Application was made to the court containing allegations of facts requiring the issuance of the writ. If these allegations, assuming them to be true,…

2Cited by8 opinions

  1. Dwyer v. StateSupreme Judicial Court of Maine · 1956
  2. Kelly v. CurtisSupreme Judicial Court of Maine · 1972
  3. Buck v. Town of YarmouthSupreme Judicial Court of Maine · 1979
  4. Dorcourt Co. v. Great Northern Paper Co.Supreme Judicial Court of Maine · 1951
  5. Chapman v. SnowSupreme Judicial Court of Maine · 1937

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