Erving

Massachusetts House of Representatives

Erving

1 Rep. Cont. El. 508

CourtMassachusetts House of Representatives

DecidedJuly 1, 1843

StatusPublished

This text of 1 Rep. Cont. El. 508 (Erving) 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

Erving, 1 Rep. Cont. El. 508 (Mass. Super. Ct. 1843).

Pincite

Opinion

In this case, the petitioners set forth as the grounds of their case:—

“ First, because no meeting of the inhabitants was called on the second Monday of November, as is provided in the constitution : and

Second, because, the meeting, at which the member returned was elected, was held on the fourth Monday of November and was the first meeting for that purpose.”

The committee, on inspecting the evidence offered to them, found, that from some reason, in the warrant calling the meeting of the fourteenth of November, no mention was made of [509]*509the choice of representative, the subject being wholly omitted. There was no evidence produced to invalidate the proceedings of the twenty-eighth, at which time, there was an election of the sitting member as appears by his certificate.

The committee reported, that the petitioners have leave to withdraw : — and this report was agreed to,¹

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In this case, the petitioners set forth as the grounds of their case:—

“ First, because no meeting of the inhabitants was called on the second Monday of November, as is provided in the constitution : and

Second, because, the meeting, at which the member returned was elected, was held on the fourth Monday of November and was the first meeting for that purpose.”

The committee, on inspecting the evidence offered to them, found, that from some reason, in the warrant calling the meeting of the fourteenth of November, no mention was made of [509]*509the choice of representative, the subject being wholly omitted. There was no evidence produced to invalidate the proceedings of the twenty-eighth, at which time, there was an election of the sitting member as appears by his certificate.

The committee reported, that the petitioners have leave to withdraw : — and this report was agreed to,¹

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Bluebook (online)

1 Rep. Cont. El. 508, Counsel Stack Legal Research, https://law.counselstack.com/opinion/erving-masshserep-1843.