Rollins v. Connor
Supreme Court of New Hampshire
Petition for certiorari, to the common council of Nashua. At the September term, 1907, of the superior court, the defendants’ demurrer was overruled by Peaslee, J., subject to exception. The petition contains the following allegations: At the biennial election in 1906, the plaintiff and Peter Bruen were candidates for the office of councilman from Ward 5, Nashua.
Read the full summary
Petition for certiorari, to the common council of Nashua. At the September term, 1907, of the superior court, the defendants’ demurrer was overruled by Peaslee, J., subject to exception. The petition contains the following allegations: At the biennial election in 1906, the plaintiff and Peter Bruen were candidates for the office of councilman from Ward 5, Nashua. More votes were cast for the plaintiff than for Bruen, but the moderator of the meeting declared the latter elected. On January 1, 1907, Bruen qualified as a member of the council, and on the same day the plaintiff petitioned the…
1Opinion of the CourtParsons, C. J.
The action of the common council in weighing the evidence presented by the moderator’s declaration and the subsequent count of the ballots was judicial in its nature; and from their determination of the question of fact according to their view of the comparative weight of competent conflicting evidence no appeal is provided, and the question of fact so determined is not revisable by the superintending power of the court. Sheehan v. Mayor, ante, 445. The finality of the decision, in the absence of a right of appeal, results from the judicial character of the proceeding. Though not in the…
2Cases cited5 opinions
- Oakley v. . AspinwallNew York Court of Appeals · 1850
- Case v. HoffmanWisconsin Supreme Court · 1898
- Commonwealth v. M'CloskeySupreme Court of Pennsylvania · 1830
- State ex rel. Getchel v. BradishWisconsin Supreme Court · 1897
- Biggins v. LambertIllinois Supreme Court · 1905
3Cited by8 opinions
- Winslow v. Town of Holderness Planning BoardSupreme Court of New Hampshire · 1984
- Hager v. State Ex Rel. TeVaultCourt of Appeals of Texas · 1969
- Kuberski v. HaussermannSupreme Court of New Jersey · 1934
- Appeal of City of KeeneSupreme Court of New Hampshire · 1997
- Michael v. City of RochesterSupreme Court of New Hampshire · 1979
3 more not listed; retrieve them via the Exa API.