O'Connell v. Mathews
Massachusetts Supreme Judicial Court
Petition for a writ of certiorari against the board of registrars of voters of the city of Worcester, the city clerk of said city and the board of aldermen of said city and three petitions for writs of mandamus against said board of registrars, said clerk and said board of aldermen respectively, filed December 24, 1900. The cases were heard by Morton, J., on the petitions, demurrers and answers, and the parties agreeing thereto, were reserved by him for the consideration of…
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Petition for a writ of certiorari against the board of registrars of voters of the city of Worcester, the city clerk of said city and the board of aldermen of said city and three petitions for writs of mandamus against said board of registrars, said clerk and said board of aldermen respectively, filed December 24, 1900. The cases were heard by Morton, J., on the petitions, demurrers and answers, and the parties agreeing thereto, were reserved by him for the consideration of the full court. The allegations in the petitions were as follows: That there was a city election on December 11, 1900,…
1Opinion of the CourtHolmes, C. J.
If it be assumed that mandamus will lie and that the questions argued are open, the decisions of the board of registrars were right. Apart from evidence the form and appearance of the three ballots at least warranted the board in assuming than the ballots were official within § 1 of the statute. If official ballots, they were not forbidden to be counted by the words of the statute. It is true that § 230 prohibits ballots like these being deposited in the box, but this is not equivalent to prohibiting their being counted in case they are deposited without remark. If not allowed to be…
2Cited by20 opinions
- Cheney v. CoughlinMassachusetts Supreme Judicial Court · 1909
- Brewster v. ShermanMassachusetts Supreme Judicial Court · 1907
- Swift v. Board of Registrars of VotersMassachusetts Supreme Judicial Court · 1932
- Moore v. Election CommissionersMassachusetts Supreme Judicial Court · 1941
- Commonwealth v. RogersMassachusetts Supreme Judicial Court · 1902
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