Cushing v. Inhabitants of Frankfort

Supreme Judicial Court of Maine

Cushing v. Inhabitants of Frankfort

57 Me. 541

DecidedJuly 1, 1869

StatusPublished

This text of 57 Me. 541 (Cushing v. Inhabitants of Frankfort) is published on Counsel Stack Legal Research, covering Supreme Judicial Court of Maine primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Cushing v. Inhabitants of Frankfort, 57 Me. 541 (Me. 1869).

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Opinion

Dickerson, J.

The meeting at which the bounty sued for was voted, was legally notified, if the persons, who issued the warrant therefor, as selectmen, had authority to act as such.

Though the meeting at which they were elected was invalid by reason of a defect in the return upon the warrant, they were, nevertheless, ' selectmen de facto, and, as such, had a right to call the meeting in question. The question of the validity of the election of the selectmen, who issued the warrant for the town meeting, is not open to the town, where it appears that they were officers de facto, and that the meeting, at which the proceedings in question were had, was regularly notified, and, in other respects, legal. It would be dangerous to permit such inquiry, since there would be no limit to the extent to which it might be carried, nor to the consequences that might result from its allowance. Williams v. School District, 21 Pick. 80. Brown v. Lunt, 37 Maine, 423.

Judgment for the Plaintiff.

Appleton, C. J.; Cutting, Kent, Barrows, and Daneorth, JJ., concurred.

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Dickerson, J.

The meeting at which the bounty sued for was voted, was legally notified, if the persons, who issued the warrant therefor, as selectmen, had authority to act as such.

Though the meeting at which they were elected was invalid by reason of a defect in the return upon the warrant, they were, nevertheless, ' selectmen de facto, and, as such, had a right to call the meeting in question. The question of the validity of the election of the selectmen, who issued the warrant for the town meeting, is not open to the town, where it appears that they were officers de facto, and that the meeting, at which the proceedings in question were had, was regularly notified, and, in other respects, legal. It would be dangerous to permit such inquiry, since there would be no limit to the extent to which it might be carried, nor to the consequences that might result from its allowance. Williams v. School District, 21 Pick. 80. Brown v. Lunt, 37 Maine, 423.

Judgment for the Plaintiff.

Appleton, C. J.; Cutting, Kent, Barrows, and Daneorth, JJ., concurred.

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Bluebook (online)

57 Me. 541, Counsel Stack Legal Research, https://law.counselstack.com/opinion/cushing-v-inhabitants-of-frankfort-me-1869.