Baker v. Cushman
Massachusetts Supreme Judicial Court
Petition for a writ of mandamus to compel the delivery of the books, papers and records, appertaining to the office of city clerk of the city of Taunton, to the petitioner, who claimed to have been duly elected city clerk for the present year, in accordance with the act to establish the city of Taunton, St. 1864, c. 209, § 8, which provides that the city council (which consists, when full, of eight members of the board of aldermen and twenty-four members of the common…
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Petition for a writ of mandamus to compel the delivery of the books, papers and records, appertaining to the office of city clerk of the city of Taunton, to the petitioner, who claimed to have been duly elected city clerk for the present year, in accordance with the act to establish the city of Taunton, St. 1864, c. 209, § 8, which provides that the city council (which consists, when full, of eight members of the board of aldermen and twenty-four members of the common council) shall annually, as soon as may be after its organization, elect by joint ballot a city clerk and other city officers…
1Opinion of the CourtGray, C. J.
Whether we look to the record only, or to the facts found by the judge before whom this petition, was heard, it does not appear that there was a complete election of the petitioner to the office of city clerk; but it does appear that the vote by which he appeared to be elected was immediately declared void, and the convention at once proceeded to another vote, in which all the members took part, resulting in the election of the respondent, and he was accordingly declared to be elected. It was within the lawful power of the convention, at the same meeting, and before the result of the election…
2Cited by15 opinions
- State ex rel. Coogan v. BarbourSupreme Court of Connecticut · 1885
- Witherspoon v. State Ex Rel. WestMississippi Supreme Court · 1925
- Board of Education of Boyle County v. McChesneyCourt of Appeals of Kentucky (pre-1976) · 1930
- Attorney General ex rel. Dust v. OakmanMichigan Supreme Court · 1901
- People ex rel. MacMahon v. DavisIllinois Supreme Court · 1918
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