State Ex Rel. Bergin v. Goodrich
Supreme Court of Connecticut
Information in the nature of quo warranto to determine the title to the alleged office of clerk of the board of education of the city of Waterbury, brought to and tried by the Superior Court in New Haven County, Gager, Jfacts found and judgment rendered dismissing the information, and appeal by the relator. The respondent was, in January, 1910, elected by the board of education — consisting of seven members — its clerk, to serve during the pleasure of the board.
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Information in the nature of quo warranto to determine the title to the alleged office of clerk of the board of education of the city of Waterbury, brought to and tried by the Superior Court in New Haven County, Gager, Jfacts found and judgment rendered dismissing the information, and appeal by the relator. The respondent was, in January, 1910, elected by the board of education — consisting of seven members — its clerk, to serve during the pleasure of the board. He thereupon entered upon the performance of the duties of that position, and has since continued therein. The terms of service of…
1Opinion of the CourtPrentice, J.
The court below ruled that the alleged office in controversy is not a public office, and for that reason dismissed the information. State ex rel. Stage v. Mackie, 82 Conn. 398, 400, 74 Atl. 759. The appeal charges that this ruling was erroneous, and the briefs of counsel are, for the most part, devoted to a discussion of the question thus presented, and of another hereinafter referred to. We have no occasion to enter upon the discussion of either of these matters, since both are rendered altogether immaterial by the facts, stipulated and found, which disclose that the information was properly…
2Cases cited4 opinions
- State Ex Rel. Stage v. MacKieSupreme Court of Connecticut · 1909
- Raymond v. FishSupreme Court of Connecticut · 1883
- People Ex Rel. Le Roy v. . FoleyNew York Court of Appeals · 1896
- State ex rel. Oakey v. FowlerSupreme Court of Connecticut · 1895
3Cited by6 opinions
- Low v. Town of MadisonSupreme Court of Connecticut · 1948
- Smith v. Union & New Haven Trust Co.Supreme Court of Connecticut · 1936
- Arbogast v. ShieldsWest Virginia Supreme Court · 1941
- State Ex Rel. Kenney v. RanslowConnecticut Superior Court · 1959
- State Ex Rel. Engelke v. KilmartinSupreme Court of Connecticut · 1912
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