Rounds v. Smart
Supreme Judicial Court of Maine
Appeal from the judgments upon petitions under stat. 1880, c. 198. The petition of Charles B. Rounds v. Ephriam, K. Smart, related to the office of county attorney for Washington county; Ignatius Sargent v. Joseph Wilder, Jr., to the office of county treasurer for same county; and Robert F. Campbell, v. Henry L. Watts, to the office of county commissioner.
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Appeal from the judgments upon petitions under stat. 1880, c. 198. The petition of Charles B. Rounds v. Ephriam, K. Smart, related to the office of county attorney for Washington county; Ignatius Sargent v. Joseph Wilder, Jr., to the office of county treasurer for same county; and Robert F. Campbell, v. Henry L. Watts, to the office of county commissioner. The respondents joined in the appeal, severally appealing from the several judgments, and the three cases were heard together. cited: Lovell v. Farrington, 50 Maine, 239 ; Opinion, 25 Maine, 569 ; Brightly’s Election Cases, 381,382,383, n.…
1Opinion of the CourtAppleton, C. J.
This is a proceeding under c. 198 of the acts of 1880, being "an act providing for the trial of causes involving the rights of parties to hold public offices,” in wMch the petitioner claims that he has been elected county attorney for the county of Washington, and that the respondent has unlawfully and wrongfully usurped that office and prevented him from holding and exercising the same.
Numerous objections are made to the petitioner’s right to maintain this process.
1. The suit is in the nature of a proceeding in equity. By the statute it is " to be commenced by petition, returnable before any…
2Cases cited4 opinions
- The People v. . CookNew York Court of Appeals · 1853
- People ex rel. Fuller v. HilliardIllinois Supreme Court · 1862
- People v. VailNew York Supreme Court · 1838
- People ex rel. Israel v. TibbetsNew York Supreme Court · 1825
3Cited by11 opinions
- Whitney v. BlackburnOregon Supreme Court · 1889
- Murphy v. City of SpokaneWashington Supreme Court · 1911
- Lafargue v. WaggonerSupreme Court of Arkansas · 1934
- People ex rel. Lee v. PrewettCalifornia Supreme Court · 1899
- McGary v. BarrowsSupreme Judicial Court of Maine · 1960
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