Beck v. Hanscom
Superior Court of New Hampshire
Petition for a Mandamus. The petitioner, Andrew 3° Beck of Portsmouth, describing himself as city marshal of Portsmouth, alleged that at a meeting of the city council, held on the 27th day of May, 1853, a majority of the board of aldermen, and a majority of the common council being present and assembled in convention in the council chamber, he was duly elected on joint ballot by a major vote of the convention, and was declared by the mayor of the city to be duly elected city…
Read the full summary
Petition for a Mandamus. The petitioner, Andrew 3° Beck of Portsmouth, describing himself as city marshal of Portsmouth, alleged that at a meeting of the city council, held on the 27th day of May, 1853, a majority of the board of aldermen, and a majority of the common council being present and assembled in convention in the council chamber, he was duly elected on joint ballot by a major vote of the convention, and was declared by the mayor of the city to be duly elected city marshal for the ensuing year, and until another should be chosen and qualified in his stead, the city council having…
1Opinion of the CourtGilchrist, C. J.
The petitioner’s case is, that there having been no election of city marshal in the month of April, 1853, on the 27th of May of that year, a majority of the board of aldermen, and a majority of the common council, being present in convention, he was elected by a major vote of the convention to that office for the ensuing year, and until another should be chosen and qualified in his stead.
The return or answer to the petition admits that the elec*221tion was made as alleged, but denies that it was for the year ensuing, and until another should be chosen and qualified, and alleges that the current…
2Cases cited5 opinions
- People v. RunkelNew York Supreme Court · 1812
- Trustees of Vernon Society v. HilesNew York Supreme Court · 1826
- Philips v. WickhamNew York Court of Chancery · 1829
- Whiteside v. People ex rel. UphamNew York Supreme Court · 1841
- Ex parte HumphreyNew York Supreme Court · 1834