Attorney-General Ex Rel. Libbey v. Megin
Supreme Court of New Hampshire
Information in the nature of a quo warranto, filed by the attorney-general at the relation of James H. Libbey, to determine the right of the defendant to the office of prudential committee of school-district Np. 2 in Hooksett. Facts found by a referee. The record of the school-meeting held March 7, 1885, shows that the defendant had a plurality of votes, and was elected.
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Information in the nature of a quo warranto, filed by the attorney-general at the relation of James H. Libbey, to determine the right of the defendant to the office of prudential committee of school-district Np. 2 in Hooksett. Facts found by a referee. The record of the school-meeting held March 7, 1885, shows that the defendant had a plurality of votes, and was elected. Upon evidence tending to show how individuals voted, received subject to the defendant’s exception, and upon other evidence, it was found that the relator had a plurality of votes, and was elected. The defendant assumed the…
1Opinion of the CourtCarpenter, J.
Upon the question which of the parties received a plurality of votes for the office, the record of the declared vote is, in this suit, merely evidence. If the record of the declaration of the moderator in the case of town and school-district officers, and of the canvassing board appointed by law in the case of other officers, were conclusive, this proceeding could' never be maintained to test the right to an elective office. It cannot be instituted until possession of the office is taken (Osgood v. Jones, 60 N. H. 282), and no one can take possession until his election is declared. The…
2Cases cited5 opinions
- People v. VailNew York Supreme Court · 1838
- Commonwealth v. AthearnMassachusetts Supreme Judicial Court · 1807
- Howard v. GageMassachusetts Supreme Judicial Court · 1810
- People v. LoomisNew York Supreme Court · 1832
- State ex rel. Murry v. MeadSupreme Court of Vermont · 1883
3Cited by4 opinions
- Sheehan v. Mayor of ManchesterSupreme Court of New Hampshire · 1908
- Stearns v. O'DowdSupreme Court of New Hampshire · 1917
- Appeal of Strafford County CommissionersSupreme Court of New Hampshire · 1984
- Attorney-General Ex Rel. Rief v. VarneySupreme Court of New Hampshire · 1894