Keough v. Board of Aldermen
Massachusetts Supreme Judicial Court
Petition for a writ of mandamus to compel the respondents to accept the bond of the petitioner as the collector of taxes for the city of Holyoke, and not to interfere with him in the dis- „ charge of the duties of that office, and to command Daniel Proulx to abstain from the performance of those duties, and not to interfere with the petitioner in the discharge thereof.
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Petition for a writ of mandamus to compel the respondents to accept the bond of the petitioner as the collector of taxes for the city of Holyoke, and not to interfere with him in the dis- „ charge of the duties of that office, and to command Daniel Proulx to abstain from the performance of those duties, and not to interfere with the petitioner in the discharge thereof. Hearing before Enowlton, J., who, at the request of the respondents, reported the questions of law for the consideration of the full court, the writ to issue if warranted on the facts which appear in the opinion.
1Opinion of the CourtField, C. J.
The use of the writ of mandamus to try the title to an office is unusual, but we are of opinion that in such a case a.s this it affords the speediest and best method of settling the dispute of two rival claimants of a municipal office. We have stated the reasons for this opinion in the recent case of Luce v. Board of Examiners, 153 Mass. 108, and the use of the writ for this purpose is not without authority. The report finds that all the allegations of the petition were proved. The material facts are, that at a joint convention of the city council held on January 5, 1892, pursuant to the St.…
2Cases cited1 opinion
- Luce v. Board of ExaminersMassachusetts Supreme Judicial Court · 1891
3Cited by26 opinions
- Attorney General v. Suffolk County Apportionment CommissionersMassachusetts Supreme Judicial Court · 1916
- Brewster v. ShermanMassachusetts Supreme Judicial Court · 1907
- Hill v. Mayor of BostonMassachusetts Supreme Judicial Court · 1907
- Cheney v. BarkerMassachusetts Supreme Judicial Court · 1908
- French v. JonesMassachusetts Supreme Judicial Court · 1906
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