Osgood v. Jones
Supreme Court of New Hampshire
Bill in Equity. The following facts were alleged: The plaintiff is treasurer of Merrimack county. His term of office extends until June 30,1881, and until his successor shall be chosen and qualified. November 2, 1880, an election for a successor was held, at which the plaintiff was a candidate for reelection. Tbe returns of the election were made to the court at the law term.
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Bill in Equity. The following facts were alleged: The plaintiff is treasurer of Merrimack county. His term of office extends until June 30,1881, and until his successor shall be chosen and qualified. November 2, 1880, an election for a successor was held, at which the plaintiff was a candidate for reelection. Tbe returns of the election were made to the court at the law term. The court, December 8, 1880, upon the returns, declared the defendant elected treasurer to succeed the plaintiff. The returns showed that the plaintiff received 5,886 votes, and the defendant 5,887 votes, and there…
1Opinion of the CourtSmith, J.
The usurpation of a public office or franchise is a public wrong. The remedy is, therefore, a public one, carried on in the name of the public prosecutor by an information in the nature of a quo warranto.
In the absence of statutory regulations, the common-law rule prevails, requiring the proceedings to be instituted in the name of the state by the attorney-general. A private citizen is not allowed to file the information in his own name, and of his own volition, for the law does not contemplate the üse of this remedy by individual citizens to redress the wrongs of the state. The process is…
2Cases cited7 opinions
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- Wright v. AllenTexas Supreme Court · 1847
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3Cited by6 opinions
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- Stearns v. O'DowdSupreme Court of New Hampshire · 1917
- Maverick Oil Company v. HansonSupreme Court of New Hampshire · 1892
- Attorney General ex rel. Chamberlin v. NadeauSupreme Court of New Hampshire · 1970
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