Attorney-General Ex Rel. Lang v. Duncan
Supreme Court of New Hampshire
Quo Warranto. At the annual town-meeting in Alton, in March, 1910, the moderator refused to count certain ballots claimed to have been cast for the relator for the office of third selectman, and declared the defendant, who is now in possession of the office, elected.
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Quo Warranto. At the annual town-meeting in Alton, in March, 1910, the moderator refused to count certain ballots claimed to have been cast for the relator for the office of third selectman, and declared the defendant, who is now in possession of the office, elected. Upon the report of a master appointed to canvass the ballots, the court (Chamberlin, J.) made sundry rulings as to the count of the ballots; and finding upon such rulings that the relator received eighty-three votes and the defendant eighty-one, held there should be a decree of ouster. To the rulings and decree the defendant…
1Opinion of the Court
It is claimed by the relator that the ballots, sixty-one in number, on which his name printed upon a narrow strip of paper was pasted over the defendant's name, which appeared on the ballots as they were originally prepared, should be counted for him. It is apparent from the case that if his contention in this respect is not sustained he was not elected, and other questions relating to the marking of ballots need not be considered. The election was in fact conducted under the provisions of chapter 78, Laws of 1897; at least, an attempt was made to comply with the provisions of that act in the…
2Cases cited3 opinions
- Smith v. . the PeopleNew York Court of Appeals · 1872
- State ex rel. Stone v. County Court of VernonSupreme Court of Missouri · 1873
- Attorney-General Ex Rel. West v. BartlettSupreme Court of New Hampshire · 1909
3Cited by5 opinions
- State v. BellSupreme Court of New Hampshire · 1984
- City of Dover v. Wentworth-Douglass Hospital TrusteesSupreme Court of New Hampshire · 1974
- Kibbe v. Town of MiltonSupreme Court of New Hampshire · 1997
- Barr v. StevensSupreme Court of New Hampshire · 1919
- People v. BryantCalifornia Supreme Court · 1929