Legal Opinion

Bartlett v. McIntire

Supreme Judicial Court of Maine

Decided March 23, 1911PublishedCited by 8 opinions

In equity. On appeal by defendant. Proceedings by the plaintiff "as in equity,” under the provisions of Revised Statutes, chapter 6, sections 70 to 74, to determine his right to the office of sheriff of the county of Oxford. An answer was filed by the defendant. The matter was heard by the Justice of the first instance who found and decreed that the plaintiff was entitled by law to the said office of sheriff.

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In equity. On appeal by defendant. Proceedings by the plaintiff "as in equity,” under the provisions of Revised Statutes, chapter 6, sections 70 to 74, to determine his right to the office of sheriff of the county of Oxford. An answer was filed by the defendant. The matter was heard by the Justice of the first instance who found and decreed that the plaintiff was entitled by law to the said office of sheriff. Thereupon the defendant appealed as provided by section 72 of said chapter. The case is stated in the opinion. Note. Section 27 of chapter 6 of the Revised Statutes, was amended by the…

1Opinion of the CourtCornish, J.

At the State election held on September 12, 1910, the parties to this proceeding were opposing candidates for the office of sheriff of Oxford county, and their names were printed on the official ballot.

By tbe official returns to the secretary of State it appeared that the petitioner Bartlett had received 3,707 ballots and the defendant McIntire 3716 ballots. The Governor and Council therefore issued a certificate of election to Mr. McIntire, who entered upon the discharge of his official duties on January 1, 1911, and is still in office.

The petitioner afterwards filed a petition in the…

2Cases cited2 opinions

  1. Hope v. FlentgeSupreme Court of Missouri · 1897
  2. Durgin v. CurranSupreme Judicial Court of Maine · 1910

3Cited by8 opinions

  1. Devine v. WonderlichSupreme Court of Iowa · 1978
  2. Fullarton v. McCaffreySupreme Court of Iowa · 1916
  3. Lesieur v. LausierSupreme Judicial Court of Maine · 1953
  4. Telles v. CarterNew Mexico Supreme Court · 1953
  5. Opinion of the JusticesSupreme Judicial Court of Maine · 1965

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