Legal Opinion

Mallett v. Plumb

Supreme Court of Connecticut

Decided April 20, 1891PublishedCited by 13 opinions

PETITION to Phelps, J!, under Gen. Statutes, § 58, for tlie opening of tbe ballot box containing tbe ballots cast at tbe last preceding election for selectmen in tbe town of Trumbull and a recounting of tbe ballots, the plaintiff claiming to have been elected first selectman of the town, and tbe defendant bolding the office and claiming to have been elected to it.

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PETITION to Phelps, J!, under Gen. Statutes, § 58, for tlie opening of tbe ballot box containing tbe ballots cast at tbe last preceding election for selectmen in tbe town of Trumbull and a recounting of tbe ballots, the plaintiff claiming to have been elected first selectman of the town, and tbe defendant bolding the office and claiming to have been elected to it. The facts were found by a committee and a further finding made by the judge, and judgment rendered for tbe plaintiff. Tbe defendant appealed. Tbe case is fully stated in tbe opinion.

1Opinion of the CourtTobbance, J.

At tbe annual town meeting held in Trumbull in October, 1890, Plumb, the defendant, was declared elected to the office of first selectman. Mallett, the plaintiff, thereupon brought a petition under the statute, before a judge of the Superior Court, alleging that he, Mal-lett, and not Plumb, had been elected to that office, and praying that it might be so adjudged and declared.

In the first four paragraphs of his petition the plaintiff alleged in substance that, at said election, he and one Nichols were the candidates for the office of selectman upon the ballots known as democratic ballots, and…

2Cases cited1 opinion

  1. State ex rel. Duane v. FaganSupreme Court of Connecticut · 1875

3Cited by13 opinions

  1. Howser v. PepperNorth Dakota Supreme Court · 1899
  2. Meigs v. TheisSupreme Court of Connecticut · 1925
  3. Wheeler v. ThomasSupreme Court of Connecticut · 1896
  4. State Ex Rel. Peacock v. LathamSupreme Court of Florida · 1936
  5. Averyt v. WilliamsArizona Supreme Court · 1904

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