State v. Donovan
Supreme Judicial Court of Maine
On Exceptions by Defendant. This was an information in the nature of quo warranto filed by the Attorney General, at and by the relation of Thomas J. Holmes, against the respondent for usurping the office of city marshal of the city of Ellsworth.
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On Exceptions by Defendant. This was an information in the nature of quo warranto filed by the Attorney General, at and by the relation of Thomas J. Holmes, against the respondent for usurping the office of city marshal of the city of Ellsworth. The hearing was on information, answer, replication and testimony ; and the following decree was made by the presiding justice: “This cause came on to be heard this second day of June, A. D. 1896, and was argued by counsel, and thereupon, upon consideration thereof it is adjudged and determined as follows, viz: — “That the relator, Thomas J. Holmes,…
1Opinion of the CourtFoster, J.
By an express provision of tbe city charter of tbe city of Ellsworth, tbe mayor and aldermen bold their office for one year from tbe second Monday in March, and until others shall be elected in their places.
There having been no election of mayor at tbe annual election in March, 1896, tbe mayor then in office was in all respects legally acting until bis successor was chosen on tbe sixth day of April following, and was authorized to perform all tbe duties granted to tbe mayor by tbe city charter.
Tbe city charter provides tbat tbe mayor and aldermen shall elect or appoint subordinate officers on…
2Cases cited2 opinions
- Ham v. Board of PoliceMassachusetts Supreme Judicial Court · 1886
- Copeland v. Mayor & AldermenMassachusetts Supreme Judicial Court · 1896
3Cited by7 opinions
- Ekern v. McGovernWisconsin Supreme Court · 1913
- State ex rel. Wehe v. FrazierNorth Dakota Supreme Court · 1921
- Matter of CarterCalifornia Supreme Court · 1903
- State Ex Rel. Olson v. WelfordNorth Dakota Supreme Court · 1935
- Joyce v. WebberSupreme Judicial Court of Maine · 1961
2 more not listed; retrieve them via the Exa API.