Douglass v. Wickwire
Supreme Court of Connecticut
This was an action of debt on a recognizance, brought by the plaintiff, as treasurer of the town of Canaan. The defendant pleaded the general issue, with notice of special matter to be given in evidence. The cause was tried at Litchfield, August term, 1848. The defendant had been brought before justice Gatlin, on the complaint of Filch Ferris, acting as a grand-juror of the town of Canaan, charged with a violation of the statute regulating the sale of s pi rito us liquors.
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This was an action of debt on a recognizance, brought by the plaintiff, as treasurer of the town of Canaan. The defendant pleaded the general issue, with notice of special matter to be given in evidence. The cause was tried at Litchfield, August term, 1848. The defendant had been brought before justice Gatlin, on the complaint of Filch Ferris, acting as a grand-juror of the town of Canaan, charged with a violation of the statute regulating the sale of s pi rito us liquors. Stat. 600. §13. The cause was adjourned from the 27th day of November, to the 3d day of December, 1847, at 9 o’clock, A.…
1Opinion of the CourtHinman, J.
The decision of the superior court as to the official character of the grand-juror, was clearly right. The public and third persons are not required to ascertain the legality of an officer’s election or appointment. It is enough, if the officer acts under colour of an election or an appointment, by the only body which has the power to make it. The right to the office can only be tried in a direct proceeding, to which the officer is a party, and not in this collateral way. This is too well settled to be any longer a debateable point any where. Plymouth v. Painter, 17 Conn. R. 585. 592. Monson…
2Cases cited1 opinion
- Potter v. KingsburySupreme Court of Connecticut · 1809
3Cited by12 opinions
- Sprowl v. LawrenceSupreme Court of Alabama · 1859
- Verzier v. ConvardSupreme Court of Connecticut · 1902
- Crawford v. DunbarCalifornia Supreme Court · 1877
- Ex parte StrahlSupreme Court of Iowa · 1864
- State v. AnthonyConnecticut Appellate Court · 1991
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