Commonwealth v. Smith
Massachusetts Supreme Judicial Court
Information in the nature of a quo warranto, filed April 1, 1880, by the Attorney General in behalf of the Commonwealth, and at the relation of Benjamin Clough, alleging that the defendant was usurping the office of county commissioner of the county of Dukes County.
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Information in the nature of a quo warranto, filed April 1, 1880, by the Attorney General in behalf of the Commonwealth, and at the relation of Benjamin Clough, alleging that the defendant was usurping the office of county commissioner of the county of Dukes County. At the hearing before Morton, J., it appeared that the defendant’s title to his office depended upon the validity of the notice of the annual meeting held in the town of Gay Head on November 4, 1879, for the election of state and county officers, he having received four hundred and twenty-nine votes, including twenty-four votes…
1Opinion of the CourtField, J.
The question here presented for decision is whether the votes cast for county commissioner at the election in Gay Head should be counted or rejected in determining who was elected county commissioner of the county of Dukes County at the annual election held November 4, 1879.
The alleged illegality in the election is the want of legal notice of the meeting for election. No objection is made that the meeting was not held at the" proper place, or opened at the proper hour, or kept open the requisite length of time, or that all the proceedings at the meeting were not according to law.
The Gen. Sts.…
2Cases cited7 opinions
- State ex rel. Leal v. JonesIndiana Supreme Court · 1862
- People ex rel. Speed v. HartwellMichigan Supreme Court · 1864
- State ex rel. Lutfring v. GœtzeWisconsin Supreme Court · 1867
- Cleland v. PorterIllinois Supreme Court · 1874
- People Ex Rel. Frost v. . WilsonNew York Court of Appeals · 1875
2 more not listed; retrieve them via the Exa API.
3Cited by20 opinions
- Commonwealth v. SmithMassachusetts Supreme Judicial Court · 1895
- Wheat v. SmithSupreme Court of Arkansas · 1887
- State ex rel. Mullen v. DohertyWashington Supreme Court · 1897
- Town of Grove v. Haskell, GovernorSupreme Court of Oklahoma · 1909
- Adsit v. OsmunMichigan Supreme Court · 1891
15 more not listed; retrieve them via the Exa API.