46 Conn. 549 | Conn. | 1879
The statute (Revision of 1875, chap. 8, sec. 2, page 24,) provides that “of the persons elected selectmen the person first named on a plurality of the ballots cast for them or any of them shall be the first selectman.’’
At the annual town meeting held in Hartford in October, 1878, for the election of town officers, the respondent was declared to have been named first upon a plurality of the ballots cast for selectmen, and to have been elected to the office of first selectman of the town for the term commencing on the first Monday of January, 1879.
This petition is authorized by the statute, (Session Laws of 1878, chap. 102, page 326,) which provides that “any person claiming to have been elected selectman * * of any town, * * but not so declared, may within sixty days after the time of holding the election bring his petition to any judge of the Superior Court, alleging the facts upon which such claim is founded, * * and such judge shall thereupon hear and determine said petition, and his decision thereon shall be conclusive.” The petitioner alleges that he was named first upon a plurality of the ballots legally cast at said election for selectmen, and asks the court to grant him a certificate of election as first selectman. Upon hearing the court found the allegation true and granted the prayer. The respondent filed a motion in error, in effect assigning as error the decision of the court that there is such an office as that of first selectman.
From time immemorial that member of the board of selectmen of the several towns in this state whose name stood first upon a plurality of the ballots cast for such board, has been spoken of by the people as the first selectman. He performs
There is no error in the judgment complained of.
In this opinion the other judges concurred.