Legal Opinion

Cummings v. Looney

Supreme Court of Connecticut

Decided July 16, 1915PublishedCited by 16 opinions

Application for a writ of mandamus requiring the respondents, as selectmen of the town of Stamford, to call a special town meeting for the election of a town clerk to fill a vacancy in the office caused by death, brought to and tried by the Superior Court in Fairfield County, Williams, upon a demurrer to the return and answer of the respondents; the court sustained the demurrer and ordered the issue of a peremptory writ of mandamus, from which two of the respondents, Looney…

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Application for a writ of mandamus requiring the respondents, as selectmen of the town of Stamford, to call a special town meeting for the election of a town clerk to fill a vacancy in the office caused by death, brought to and tried by the Superior Court in Fairfield County, Williams, upon a demurrer to the return and answer of the respondents; the court sustained the demurrer and ordered the issue of a peremptory writ of mandamus, from which two of the respondents, Looney and Hobbie, appealed. On the first Monday of October, 1914, Mr. Waterbury was elected town clerk of the town' of…

1Opinion of the CourtWheeler, J.

The selectmen may convene special town meetings: (1) when they shall deem it necessary, and (2) when twenty inhabitants qualified to vote in town meeting shall make application therefor. General Statutes, § 1793.

The motion to quash was that the application to the selectmen upon which the mandamus proceeding was based was for the calling of a town meeting for the election of a town clerk until the next regular town election, instead of for the election of a town clerk to hold office for the full unexpired term.

The term of office of the town clerk of Stamford was fixed by law at two years, and…

2Cases cited8 opinions

  1. Whitney v. City of New HavenSupreme Court of Connecticut · 1890
  2. State v. StaubSupreme Court of Connecticut · 1892
  3. Cook v. City of AnsoniaSupreme Court of Connecticut · 1895
  4. State v. TowersSupreme Court of Connecticut · 1899
  5. Lyon v. RiceSupreme Court of Connecticut · 1874

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3Cited by16 opinions

  1. Groton & Stonington Traction Co. v. Town of GrotonSupreme Court of Connecticut · 1932
  2. West Hartford Taxpayers Assn., Inc. v. StreeterSupreme Court of Connecticut · 1983
  3. Blumenthal v. BarnesSupreme Court of Connecticut · 2002
  4. Caldwell v. MeskillSupreme Court of Connecticut · 1973
  5. Nolan v. Representative Council of NewportSupreme Court of Rhode Island · 1948

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