Felker v. Chesley
Supreme Court of New Hampshire
Petition for a mandamus, filed at the trial term, where a case was reserved on facts found by the court. The plaintiff was a candidate for tbe office of senator iii the Somersworth district (No. 12) at the election in November, 1890, and tbe defendant is town-clerk of Rochester.
Read the full summary
Petition for a mandamus, filed at the trial term, where a case was reserved on facts found by the court. The plaintiff was a candidate for tbe office of senator iii the Somersworth district (No. 12) at the election in November, 1890, and tbe defendant is town-clerk of Rochester. The prayer of the petition is for a writ requiring the defendant to make a correct record of the moderator’s declaration of the votes given for senator in Rochester at that election, and to make due return thereof to the secretary of state. The selectmen counted the votes, entered the numbers in columns on a paper…
1Opinion of the CourtSmith, J.
The defendant’s duty is not an open question. The arithmetical error could have been corrected by the moderator in a supplementary public declaration before the close of the meeting, but could not be corrected by the clerk in his record and return without such correctional action taken by the moderator. Bell v. Pike, 53 N. H. 473, 481; Opinion of the Justices, 53 N. H. 640, 643; Hill v. Goodwin, 56 N. H. 441.
Petition granted.
Doe, C. J., and Bingham, J., did not sit: the others concurred.
2Cases cited1 opinion
- Hill v. GoodwinSupreme Court of New Hampshire · 1876
3Cited by1 opinion
- Augé v. VariolSupreme Court of Louisiana · 1879