Dane v. Derby
Supreme Judicial Court of Maine
ON EXCEPTIONS from Nisi Prius, Danfoiíth, J., presiding. Petition for Mandamus. The presiding Judge overruled the demurrer and ordered the peremptory writ to issue. The writ, return and other facts sufficiently appear in the opinion. The demurrer admits the facts stated in the alternative writ. The writ once issued stands by itself, independent of the other papers. The relator must set forth in the alternative writ the facts upon which he relies for relief.
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ON EXCEPTIONS from Nisi Prius, Danfoiíth, J., presiding. Petition for Mandamus. The presiding Judge overruled the demurrer and ordered the peremptory writ to issue. The writ, return and other facts sufficiently appear in the opinion. The demurrer admits the facts stated in the alternative writ. The writ once issued stands by itself, independent of the other papers. The relator must set forth in the alternative writ the facts upon which he relies for relief. Angel & Ames on Corp., (6th ed.,) § 720. The facts stated in the writ are such by law as entitle the relators to the peremptory writ. The…
1Opinion of the CourtApulbtoN, C. J.
It appears by the records of the town of Alfred that, at a legal meeting of its inhabitants, holden on 12th March, 1866, Silas Derby, Timothy Gary and Nathaniel II. Russell were chosen selectmen, George L. Came, town clerk, and John R. Tripp, treasurer. They severally had three votes more than the opposing candidates for the town offices to which they were respectively elected, with the exception of Silas Derby who had but two more.
The relators in their application for the writ of mandamus allege that neither the individuals above named nor any others were elected to these offices, by reason…
2Cases cited5 opinions
- Commercial Bank v. Canal CommissionersCourt for the Trial of Impeachments and Correction of Errors · 1832
- Commonwealth v. AthearnMassachusetts Supreme Judicial Court · 1807
- Howard v. GageMassachusetts Supreme Judicial Court · 1810
- People ex rel. Teel v. SweetingNew York Supreme Court · 1807
- People ex rel. Knapp v. Judges of the Court of Common PleasNew York Supreme Court · 1825
3Cited by12 opinions
- State Ex Rel. Foote v. BartholomewSupreme Court of Connecticut · 1925
- Hartman v. CarterSupreme Court of Rhode Island · 1978
- City of Bradenton v. State Ex Rel. PerrySupreme Court of Florida · 1935
- State ex rel. Cutter v. KammanIndiana Supreme Court · 1898
- Young v. JohnsonSupreme Judicial Court of Maine · 1965
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