Stubbs v. Lee
Supreme Judicial Court of Maine
On report. Trespass vi et armis, for an assault upon the plaintiff' by the defendant and for an imprisonment by causing ber to be committed to and detained in the coxmty jail at Bangor for six months. Upon the eighth day of May, 1866, the governor and council commissioned Lyman Lee as a trial justice of Piscataquis county,. and he qualified himself by taking the requisite oaths, on the twenty-ninth day of the same month.
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On report. Trespass vi et armis, for an assault upon the plaintiff' by the defendant and for an imprisonment by causing ber to be committed to and detained in the coxmty jail at Bangor for six months. Upon the eighth day of May, 1866, the governor and council commissioned Lyman Lee as a trial justice of Piscataquis county,. and he qualified himself by taking the requisite oaths, on the twenty-ninth day of the same month. Edward Jewett, sheriff of that county, appointed Mr. Lee as one of his deputies December 22, 1868, and he was sworn in on the thirtieth day of that month; and on the fourth…
1Opinion of the CourtAppleton, C. J.
The defendant, being a trial justice, was subsequently appointed and sworn as a deputy-sheriff. The question presented for determination is whether the acceptance of the last is a resignation of the first office.
The offices in question must be regarded as incompatible. “I think,” remarks Bailey, J., in The King v. Tizzard, 9 B. & C., 418, “that the two offices are incompatible when the holder cannot in every instance discharge the duties of each. . . The acceptance of the second office therefore vacates the first.” . . . “So a man shall lose his office, if he accepts another office…
2Cases cited1 opinion
- Magie v. StoddardSupreme Court of Connecticut · 1857
3Cited by19 opinions
- People Ex Rel. Chapman v. RapseyCalifornia Supreme Court · 1940
- Attorney General ex rel. Moreland v. Common CouncilMichigan Supreme Court · 1897
- Odem v. Sinton Independent School Dist.Texas Commission of Appeals · 1921
- Kobylarz v. MercerSupreme Court of New Jersey · 1943
- State Ex Rel. Metcalf v. GoffSupreme Court of Rhode Island · 1887
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