Translate
Text Highlighter

Bookmark

PDF

Share

Report a problem
AMICUS AI
Citation Codes
Equivalent Citations
citation codes
Attorney(S)
Judges
Are you a practicing lawyer?
Enhance your digital presence and reach by creating a Casemine profile.
Upload pleading to use the new AI search
Cites
Cited by
Citation Codes
Equivalent Citations
citation codes
Attorney(S)
Judges

CHARLES B. PERRY others vs. SAMUEL E. HULL others.

Mandamus. Elections. Mandamus will not lie to enforce the caucus or election laws, the remedy for a violation being given by St. 1898, c. 548, § 417. R.L.c. 11, § 421.

BARKER, J.

We assume that all the allegations of the petition are true. We assume further, but without so deciding, that the decision of the chairman and secretary of the caucus may be revised by the courts in proper proceedings. But the demurrer was rightly sustained because mandamus will not lie where the petitioners have another remedy by bill or petition given by statute. Hill v. McKim, 168 Mass. 100. In that case a judge of a court of insolvency having refused to order a hearing upon a proposal for composition it was held that the proper remedy was by bill or petition under Pub. Sts. c. 157, § 15, and not by mandamus. The remedy of the present petitioners was under St. 1898, c. 548, § 417. See R.L.c. 11, § 421.

Orders sustaining demurrer and dismissing petition affirmed.

Use AI to get other relevant cases.

Comments

PERRY v. HULL
(Feb 28, 1902)