McDermott v. Lapham

We are of the opinion that the question whether or not a list of names from which supervisors are'to be selected is presented by a proper' town committee, is not a jurisdictional fact, and therefore not reviewable on a petition for a writ of certiorari. The statute, Pub. Laws E. I. cap. 920, § 16, of May 1, 1891, makes it the peremptory duty of the town council to appoint supervisors who shall be of the opposite political parties ; the provision that they are to be selected from a 'list presented by the town committees of the opposite political parties appears to be incidental to the appointment as affording a convenient mode of furnishing names to the council from which to make a selection. It would apparently be their duty to make the appointment whether the lists were presented to them or not.

Petition denied and dismissed.