Attorney-General Ex Rel. Pearson v. Folsom
Supreme Court of New Hampshire
• Information, in the nature of a quo warranto, to determine the right of the defendant to the office of supervisor of the checklist for the town of Epping. Facts agreed. At the biennial meeting of the town in November, 1898 (which was opened at ten o’clock a. m.), the polls were declared closed by the moderator at about four o’clock in the afternoon, in accordance with a vote then duly passed, and the election officers began the work of assorting and counting the ballots.
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• Information, in the nature of a quo warranto, to determine the right of the defendant to the office of supervisor of the checklist for the town of Epping. Facts agreed. At the biennial meeting of the town in November, 1898 (which was opened at ten o’clock a. m.), the polls were declared closed by the moderator at about four o’clock in the afternoon, in accordance with a vote then duly passed, and the election officers began the work of assorting and counting the ballots. For a short time before this no ballot had been offered. At the other biennial meetings held in the town since 1892, the…
1Opinion of the CourtBlodgett, C. J.
Chapter 78, LawTs 1897, relating to the manner of conducting elections, provides (s. 18) that “immediately after the polls are closed the ballots shall be examined, and the votes . . . shall be counted by the moderator, in the presence of the town clerk, the selectmen, and the other election officers herein provided; ” that “ the counting shall be public, but within the guard-rail, and shall not be adjourned nor postponed until it shall have been completed; ” and that, while the ballots are being counted, “ only the aforesaid officers shall be allowed within said inclosure.”
The issue raised…
2Cases cited2 opinions
- People ex rel. Hayes v. BatesMichigan Supreme Court · 1863
- Stetson v. City of BangorSupreme Judicial Court of Maine · 1882
3Cited by4 opinions
- Bowditch v. Jackson Co.Supreme Court of New Hampshire · 1912
- Appeal of SoucySupreme Court of New Hampshire · 1994
- Green Mountain Realty Corp. v. Fifth Estate Tower, LLCSupreme Court of New Hampshire · 2010
- Neville v. Highfields Farm, Inc.Supreme Court of New Hampshire · 1999