State Ex Rel. Comstock v. Hempstead
Supreme Court of Connecticut
Application for a writ of mandamus requiring the respondents, as school committee of the town of Waterford, to restore the relator to membership on said committee, brought to and tried by the Superior Court in New London County, Greene, Jfacts found and judgment rendered for the defendants, from which the relator appealed.
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Application for a writ of mandamus requiring the respondents, as school committee of the town of Waterford, to restore the relator to membership on said committee, brought to and tried by the Superior Court in New London County, Greene, Jfacts found and judgment rendered for the defendants, from which the relator appealed. At the annual town election in Waterford on the' first Monday of October, 1909, the relator was elected a member of the school committee, and accepted said office and acted as such member until February 12th, 1910, when said school committee, acting under chapter 146 of the…
1Opinion of the CourtWheeler, J.
The judgment finds that a peremptory writ of mandamus ought not to issue, and adjudges that the alternative writ of mandamus be dismissed. The respondents support the judgment upon two grounds: (1) that the relator has mistaken his remedy; (2) that the vacancy in the office to which the relator seeks to be restored was legally declared, and that Saunders was legally elected to the office which he has since filled,
The respondents contend that they may in this court attack the remedy sought, by having the denial of their motion to quash, and the judgment that the peremptory writ of mandamus…
2Cases cited14 opinions
- People Ex Rel. McLaughlin v. Board of Police CommissionersNew York Court of Appeals · 1903
- Matney v. KingSupreme Court of Oklahoma · 1908
- Lawrence v. HanleyMichigan Supreme Court · 1891
- Bonner v. State ex rel. PittsSupreme Court of Georgia · 1849
- Fuller v. Trustees of the Academic School in PlainfieldSupreme Court of Connecticut · 1827
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3Cited by31 opinions
- McAdams v. BarbieriSupreme Court of Connecticut · 1956
- L. Wayne Furtney v. Simsbury Zoning CommissionSupreme Court of Connecticut · 1970
- State Ex Rel. Eberle v. ClarkSupreme Court of Connecticut · 1913
- Beccia v. City of WaterburySupreme Court of Connecticut · 1981
- Patten v. MillerSupreme Court of Georgia · 1940
26 more not listed; retrieve them via the Exa API.