Legal Opinion

Howard v. Gage

Massachusetts Supreme Judicial Court

Decided May 15, 1810PublishedCited by 16 opinions

Br the statute of 1785, c. 76, a county treasurer was to be chosen annually for each county, by the major part of * the votes of such of the inhabitants as are qualified [ * 463 J voters for representatives, the record of the votes in each town to be certified to the Court of Sessions, who were to declare the result of the election.

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Br the statute of 1785, c. 76, a county treasurer was to be chosen annually for each county, by the major part of * the votes of such of the inhabitants as are qualified [ * 463 J voters for representatives, the record of the votes in each town to be certified to the Court of Sessions, who were to declare the result of the election. And if any person had a majority of the votes, the court was to declare him duly chosen ; and he accepting, taking the oath of office, and giving bond with sureties, was to hold the office for a year, and until another person was legally chosen and qualified to…

1Opinion of the Court

The Court

gave no opinion of the legality of the election, considering it as unnecessary on this rule; but on the ground stated by the chief justice, they ordered the rule to be discharged.

2Cited by16 opinions

  1. State ex rel. Gill v. Common Council of WatertownWisconsin Supreme Court · 1859
  2. Hill v. Mayor of BostonMassachusetts Supreme Judicial Court · 1907
  3. Peabody v. School CommitteeMassachusetts Supreme Judicial Court · 1874
  4. Cristman v. PeckIllinois Supreme Court · 1878
  5. United States v. MalminCourt of Appeals for the Third Circuit · 1921

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