Sheehan v. Mayor of Manchester
Supreme Court of New Hampshire
Petition, for a writ of certiorari. The plaintiff alleged that he and one Barry were candidates for alderman from Ward 5, Manchester, in November, 1906. Barry was, and the plaintiff was not, the regular nominee of their party. After the moderator had counted the ballots he declared that Barry had received 558 votes, that the plaintiff had received 464 votes, and that Barry was elected alderman, and the clerk issued an election certificate in accordance with that declaration.
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Petition, for a writ of certiorari. The plaintiff alleged that he and one Barry were candidates for alderman from Ward 5, Manchester, in November, 1906. Barry was, and the plaintiff was not, the regular nominee of their party. After the moderator had counted the ballots he declared that Barry had received 558 votes, that the plaintiff had received 464 votes, and that Barry was elected alderman, and the clerk issued an election certificate in accordance with that declaration. In December, the plaintiff procured an inspection of the ballots, which showed that he had received 487 votes, and that…
1Opinion of the CourtParsons, C. J.
“ Each branch [of the city councils] shall be the final judge of the election and qualification of its members, and if any election is contested shall have the same powers to ascertain the facts as the city convention have in regard to the election of mayor.” P. S., c. 48, s. 11. “ In case the election of mayor is contested, the city councils in convention shall have power to send for persons and papers, may inquire into the correctness of the returns, and shall hear and receive evidence as to any fraud or misconduct in relation to the election.” P. S., c. 47, s. 3. In the determination of an…
2Cases cited9 opinions
- Boody v. WatsonSupreme Court of New Hampshire · 1886
- Manchester v. FurnaldSupreme Court of New Hampshire · 1901
- Cate v. MartinSupreme Court of New Hampshire · 1899
- Attorney-General Ex Rel. Gregg v. SandsSupreme Court of New Hampshire · 1894
- Pittsfield v. ExeterSupreme Court of New Hampshire · 1898
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3Cited by6 opinions
- Attorney-General Ex Rel. Knapp v. LittlefieldSupreme Court of New Hampshire · 1916
- Appeal of McDonoughSupreme Court of New Hampshire · 2003
- Atwood v. BerrySupreme Court of New Hampshire · 1935
- Gainer v. DunnSupreme Court of Rhode Island · 1908
- Covey v. RobinsonSupreme Court of New Hampshire · 1930
1 more not listed; retrieve them via the Exa API.