Opinion
No. 3345.
Decided October 6, 1942.
INFORMATION, in the nature of quo warranto. January 20, 1942, at a meeting of the board of mayor and aldermen of Manchester, the mayor, having at a previous meeting nominated the defendant Lemelin for sealer of weights and measures, called for confirmation of the appointment. All fourteen members of the board being present voted as follows: seven for the defendant Lemelin, and seven for the relator, the then incumbent in office. The mayor thereupon cast his vote for the defendant Lemelin and declared him elected. The question reserved is whether the mayor had the right to vote.
Transferred by Blandin, J., without ruling.
Devine Tobin, by brief, for the relator.
Emile Lemelin, by brief, for the defendant Lemelin.
McLane, Davis Carleton (Mr. Carleton orally), for the mayor.
Although this is a case of an appointment instead of an election to office, the principle of law governing the case is the same as enunciated in Attorney General v. Hunter, ante, 206 and the result reached is the same.
Information granted.
All concurred.