Donaghy v. Macy
Massachusetts Supreme Judicial Court
Petition, filed June 17, 1896, for a writ of mandamus to Frederick Macy, chief engineer, and Boring T. Parlow, Allen W. Tinkkam, and William A. Gibbs, assistant engineers of the fire department of New Bedford, and to Edward F. Dahill.
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Petition, filed June 17, 1896, for a writ of mandamus to Frederick Macy, chief engineer, and Boring T. Parlow, Allen W. Tinkkam, and William A. Gibbs, assistant engineers of the fire department of New Bedford, and to Edward F. Dahill. The petition alleged that the petitioner, under the ordinonces of the city of New Bedford, was, on January 1,1894, duly elected to the office of second assistant engineer of the fire department by the city council for the term of four years ending in January, 1898, and he thereupon was duly qualified and entered upon the duties of the office; that ever since his…
1Opinion of the CourtHolmes, J.
On January 1, 1894, under the ordinances then in force, the petitioner was duly elected to his office for the term of four years, ending in January, 1898. Ordinances of 1882, c. 11, § 4. In 1896 this ordinance was repealed, and a new ordinance was adopted, which, so far as it affects'the present case, is like the old one, except that the time of election is April instead of January, and the first election under it is for two years, ending in 1898. After that the elections are for four years. The petitioner suggests a doubt whether the powers of the city council were not exhausted by one…
2Cases cited3 opinions
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