French v. Cowan
Supreme Judicial Court of Maine
We regard this case as fully covered by the opinion of the Justices in 61 Maine, 601. There is no question as to any officer of the United States holding for a term of years, whether his term commences at the expiration of a previous term, or at the death of a previous incumbent, or on his removal. In either case the successor holds for the full term named in the statute. This is the settled practice, and the law ivas so expressed in the case of the navy agent.
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We regard this case as fully covered by the opinion of the Justices in 61 Maine, 601. There is no question as to any officer of the United States holding for a term of years, whether his term commences at the expiration of a previous term, or at the death of a previous incumbent, or on his removal. In either case the successor holds for the full term named in the statute. This is the settled practice, and the law ivas so expressed in the case of the navy agent. Opinions Attorney General, Vol. 2, p. 333. The relations between them are in no way in the nature of contract. Even the salary could…
1Opinion of the CourtFoster, J.
The controversy in this case arises in relation to the title to office of city marshal of the city of Lewiston, and a petition for mandamus is instituted against the mayor and aider-men, and Daniel Gruptil, the present incumbent of said office. The petitioner claims under an appointment made by the mayor by and with the advice and consent of the aldermen, March 12, 1885. The defendant, Gruptil, claims under a similar appointment made April 1, 1886. It being conceded that both appointments were made by the proper authorities, the controversy arises by reason of the contention of the petitioner…
2Cases cited18 opinions
- People ex rel. Cummings v. HeadIllinois Supreme Court · 1861
- People, Ex Rel. Mason v. . McClaveNew York Court of Appeals · 1885
- Brown v. . TurnerSupreme Court of North Carolina · 1874
- Bonner v. State ex rel. PittsSupreme Court of Georgia · 1849
- People ex rel. Akin v. MattesonIllinois Supreme Court · 1855
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3Cited by6 opinions
- State Ex Rel. Gallagher v. Kansas CitySupreme Court of Missouri · 1928
- Com. Ex Rel. Dist. Att. v. GibsonSupreme Court of Pennsylvania · 1934
- Commonwealth ex rel. District Attorney v. GibsonSupreme Court of Pennsylvania · 1934
- Daugherty v. FippingerAppellate Court of Illinois · 1913
- Wilder v. BraceDistrict Court, D. Maine · 1963
1 more not listed; retrieve them via the Exa API.