Legal Opinion

Clark v. Board of Examiners

Massachusetts Supreme Judicial Court

Decided February 27, 1879PublishedCited by 14 opinions

Petition for a writ of mandamus to compel the respondents to count for the petitioner certain ballots for county commissioner purporting to be for “ L. Clark of Springfield,” and to notify him of his election. • At the hearing before Colt, J., the case appeared to be as follows; On November 5, 1878, an election was had for the office of county commissioner for the term of three years from January 1, 1879; and copies of the records of the votes received in the several cities…

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Petition for a writ of mandamus to compel the respondents to count for the petitioner certain ballots for county commissioner purporting to be for “ L. Clark of Springfield,” and to notify him of his election. • At the hearing before Colt, J., the case appeared to be as follows; On November 5, 1878, an election was had for the office of county commissioner for the term of three years from January 1, 1879; and copies of the records of the votes received in the several cities and towns of the county were returned to the clerk of the courts, and by him presented to the respondents, which copies…

1Opinion of the CourtGray, C. J.

The statutes require that, in all elections, “ the names of the persons voted for, the number of votes received for each person, and the title of the office for which he is proposed, shall be entered in words at length ” in the town and city records; that copies of the records of the votes for county commissioner in the several cities and towns of each county shall be returned by the city and town clerks to the clerk of the courts, and that on the first Wednesday of the month succeeding the election the board of examiners shall meet, the clerk of the courts shall present the returned copies…

2Cases cited7 opinions

  1. People Ex Rel. Smith v. PeaseNew York Court of Appeals · 1863
  2. People v. CookNew York Supreme Court · 1852
  3. People ex rel. Williams v. CicottMichigan Supreme Court · 1868
  4. People Ex Rel. Haines v. SmithNew York Court of Appeals · 1871
  5. People, ex rel. Eastman v. SeamanNew York Supreme Court · 1848

2 more not listed; retrieve them via the Exa API.

3Cited by14 opinions

  1. Flanders v. RobertsMassachusetts Supreme Judicial Court · 1903
  2. Smith v. LawrenceSouth Dakota Supreme Court · 1891
  3. Wardwell v. LeggatMassachusetts Supreme Judicial Court · 1935
  4. State ex rel. Bennett v. SameWyoming Supreme Court · 1892
  5. Luce v. Board of ExaminersMassachusetts Supreme Judicial Court · 1891

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