McGregor v. Balch
Supreme Court of Vermont
This was an action of assumpsit, commenced before Calvin Morrill, a justice of. the peace. At the return of the writ the defendants pleaded to the jurisdiction of the justice, that, at the time of signing the writ and at the time of trial, he was a postmaster under the authority of congress,¿and, as such, was ineligible to the office of a justice of the peace, and unauthorized to take cognizance of said action.
Read the full summary
This was an action of assumpsit, commenced before Calvin Morrill, a justice of. the peace. At the return of the writ the defendants pleaded to the jurisdiction of the justice, that, at the time of signing the writ and at the time of trial, he was a postmaster under the authority of congress,¿and, as such, was ineligible to the office of a justice of the peace, and unauthorized to take cognizance of said action. This plea was overruled by the justice and a judgment rendered for the plaintiff. The defendants appealed to the county court, and there insisted upon the same plea, and that court,…
1Opinion of the Court
The opinion of the court was delivered by
Williams, Ch. J.
The question is whether this suit should be dismissed on account of the alleged constitutional ineligibility of the justice to exercise a judicial office.
The constitution declares “ that no person, holding any ,£ office of profit or trust under the authority of congress, ‘ shall be eligible to any appointment in the legislature, or of ‘ holding any executive or judiciary office under this state.”
In the first place, we have no doubt that the office of postmaster is an office both of profit and trust, under the authority of congress. The…
2Cases cited6 opinions
- Fowler v. BebeeMassachusetts Supreme Judicial Court · 1812
- People ex relat. Bush & Higby v. CollinsNew York Supreme Court · 1811
- Bucknam v. RugglesMassachusetts Supreme Judicial Court · 1818
- M'Instry v. TannerNew York Supreme Court · 1812
- Boyden v. BoydenMassachusetts Supreme Judicial Court · 1809
1 more not listed; retrieve them via the Exa API.
3Cited by26 opinions
- Commonwealth v. DiStasioMassachusetts Supreme Judicial Court · 1937
- Sheehan's CaseMassachusetts Supreme Judicial Court · 1877
- Building & Loan Ass'n v. SohnWest Virginia Supreme Court · 1903
- Bansemer v. MaceIndiana Supreme Court · 1862
- Missouri Pacific Railway Co. v. PrestonSupreme Court of Kansas · 1901
21 more not listed; retrieve them via the Exa API.