Adams

Massachusetts House of Representatives

Adams

1 Rep. Cont. El. 391

CourtMassachusetts House of Representatives

DecidedJuly 1, 1840

StatusPublished

This text of 1 Rep. Cont. El. 391 (Adams) is published on Counsel Stack Legal Research, covering Massachusetts House of Representatives primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Adams, 1 Rep. Cont. El. 391 (Mass. Super. Ct. 1840).

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Opinion

The report in this ease was as follows: — “ The committee on elections report, that Ebenozer Cole and others, inhabitants of the town of Adams, petition against the right of Ezra D. Whitaker, returned a member from Adams, to a seat in this house, on two grounds: — 1st. That a motion to adjourn the town-meeting wherein he was elected was made and seconded, but was not put: 2d. That the poll was continued open until after sun-down.

On tlie first point, the evidence offered entirely failed to prove the allegation ; it being clearly proved, that the motion was duly put and decided in the negative.

On the second point, the fact was admitted by the sitting member. But as there was no allegation or suspicion of fraud or injustice, and no doubt, that the sitting member had a majority of the ballots cast, the committee are not of opinion, that the circumstances of the case are' sufficient to vacate his seat; and they therefore report, that the petitioners have leave to withdraw their petition.”

This report was agreed to.¹

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The report in this ease was as follows: — “ The committee on elections report, that Ebenozer Cole and others, inhabitants of the town of Adams, petition against the right of Ezra D. Whitaker, returned a member from Adams, to a seat in this house, on two grounds: — 1st. That a motion to adjourn the town-meeting wherein he was elected was made and seconded, but was not put: 2d. That the poll was continued open until after sun-down.

On tlie first point, the evidence offered entirely failed to prove the allegation ; it being clearly proved, that the motion was duly put and decided in the negative.

On the second point, the fact was admitted by the sitting member. But as there was no allegation or suspicion of fraud or injustice, and no doubt, that the sitting member had a majority of the ballots cast, the committee are not of opinion, that the circumstances of the case are' sufficient to vacate his seat; and they therefore report, that the petitioners have leave to withdraw their petition.”

This report was agreed to.¹

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Bluebook (online)

1 Rep. Cont. El. 391, Counsel Stack Legal Research, https://law.counselstack.com/opinion/adams-masshserep-1840.