(Download) "Hurlbut v. Lemelin" by Supreme Court of Connecticut # Book PDF Kindle ePub Free

July 28, 2021

eBook details

Title: Hurlbut v. Lemelin
Author : Supreme Court of Connecticut
Release Date : January 10, 1967
Genre: Law,Books,Professional & Technical,
Pages : * pages
Size : 55 KB

Description

On October 4, 1965, an election of town officers was held in the town of Winchester. Among the officers to be elected were seven members of the board of selectmen. Each elector was entitled to vote for five persons for selectmen. The plaintiff, Elmer B. Hurlbut, a Republican, and the defendant J. Arthur Lemelin, Sr., a Democrat, were candidates of their respective parties for the office of selectman. At the conclusion of the election, the moderator announced that Hurlbut had received 1550 votes and Lemelin, 1548 votes and that Hurlbut was duly elected as the seventh selectman of the town. On October 9, 1965, a recanvass of the vote was made pursuant to 9-311a of the General Statutes (Rev. to 1964). As the result of this recount, the moderator declared that Lemelin had received 1540 votes and Hurlbut, 1537 votes and that Lemelin was elected by a majority of three votes over Hurlbut. On October 13, 1965, Hurlbut presented a petition to a judge of the Superior Court, under 9-328 of the General Statutes (Rev. to 1964), in which he set out claimed errors of the moderator and claimed errors in the count. The judge, on that day, issued an order to show cause requiring Lemelin and Thomas H. Whyte, the moderator of the election, to appear before him in his chambers in the Superior Court building in Hartford on October 18, 1965, and directed the sheriff to make service on Lemelin and Whyte on or before October 13, 1965. Lemelin then filed a plea in abatement and a motion to erase, making identical claims in each pleading to the effect that a judge of the Superior Court was without jurisdiction to entertain the petition. The judge overruled the plea in abatement, denied the motion to erase, heard the parties on the merits, and rendered judgment that the election had resulted in a tie vote with Hurlbut and Lemelin each receiving 1548 votes. From this decision Lemelin has appealed to this court.