Carter v. Burgess

This is a petition for a writ of mandamus to try title to two offices of selectmen of the town of *296Tewksbury. The respondents’ demurrer to the petition was overruled, and the case was then heard upon agreed facts. Judgment was entered ordering a writ of mandamus to issue commanding the respondents to cease acting as selectmen of the town of Tewksbury and requiring the respondents to recognize the petitioners as such selectmen. From this judgment and the order overruling their demurrer, the respondents appealed.

Facts material to this appeal are these: For many years the town at its annual…