Legal Opinion

Curran v. Clayton

Supreme Judicial Court of Maine

Decided November 8, 1893PublishedCited by 16 opinions

In equity. This was an appeal from a final decree in equity rendered in the court below, in favor of the plaintiff, where there was a hearing upon the bill, answer and testimony. The case upon the appeal was certified to the Chief Justice and argued in writing. Both parties claimed to have been elected alderman in ward seven, in the city of Bangor. The case is stated in the opinion. The plaintiff’s bill, omitting the jurat, is as follows : "State of Maine. Penobscot, ss.

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In equity. This was an appeal from a final decree in equity rendered in the court below, in favor of the plaintiff, where there was a hearing upon the bill, answer and testimony. The case upon the appeal was certified to the Chief Justice and argued in writing. Both parties claimed to have been elected alderman in ward seven, in the city of Bangor. The case is stated in the opinion. The plaintiff’s bill, omitting the jurat, is as follows : "State of Maine. Penobscot, ss. "To the Supreme Judicial Court. As in Equity. "William F. Curran, of Bangor, in the County of Penobscot, petitions and…

1Opinion of the CourtWhitehouse, J.

At the municipal election held in the City of Bangor, on the second Monday of March, 1893, the parties to this proceeding were opposing candidates for the position of Alderman, from Ward Seven.

The plaintiff was declared by the warden to have 310 of 617 ballots cast for Alderman, received from the ward clerk a certificate of his election as Alderman, took the qualifying oath and entered upon the discharge of the duties of the office.

Subsequently, however, the Board of Aldermen re-examined the ballots cast for Alderman in Ward Seven, counted for the defendant six ballots which had been rejected…

2Cases cited1 opinion

  1. Parvin v. WimbergIndiana Supreme Court · 1892

3Cited by16 opinions

  1. Morris v. Board of CanvassersWest Virginia Supreme Court · 1901
  2. State ex rel. Orr v. FawcettWashington Supreme Court · 1897
  3. Taylor v. BleakleySupreme Court of Kansas · 1895
  4. Attorney General ex rel. Scott v. GlaserMichigan Supreme Court · 1894
  5. Dickerman v. GelsthorpeMontana Supreme Court · 1897

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