Legal Opinion

Freeman v. Selectmen & Town Clerk

Supreme Court of Connecticut

Decided September 15, 1867PublishedCited by 12 opinions

Application to the superior court in New Haven county for a mandamus against the selectmen and town clerk of the town of New Haven, to compel them to admit the petitioner to the privileges of an elector. The petition was as follows : To the superior court now in session Ac.

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Application to the superior court in New Haven county for a mandamus against the selectmen and town clerk of the town of New Haven, to compel them to admit the petitioner to the privileges of an elector. The petition was as follows : To the superior court now in session Ac. The application of Henry Y. Freeman, of said town of New Haven, respectfully showeth: — That he is a white male citizen of the United States, born within the jurisdiction thereof, in the state of New Jersey, where his father was then a citizen of the United States there resident; that he, your applicant, has resided and…

1Opinion of the CourtCarpenter, J.

We have no occasion to consider the question whether the respondents decided correctly upon the facts stated in the petition. The record presents this simple question : is it competent for the superior court by writ of mandamus to control the action of the board of registration in the matter of admitting electors ?

The constitution, Art. 6th, sec. 5, provides that “ the selectmen, and town clerk, of the several towns, shall decide on the qualifications of electors, at such times and in such manner as may be prescribed by law.”

The duties thus imposed upon these officers have been discharged by…

2Cases cited3 opinions

  1. Kendall v. United States Ex Rel. StokesSupreme Court of the United States · 1838
  2. Decatur v. PauldingSupreme Court of the United States · 1840
  3. Soule v. BorelliSupreme Court of Connecticut · 1908

3Cited by12 opinions

  1. People ex rel. Sheppard v. Illinois State Board of Dental ExaminersIllinois Supreme Court · 1884
  2. Boody v. WatsonSupreme Court of New Hampshire · 1886
  3. Francis v. FitzpatrickSupreme Court of Connecticut · 1943
  4. Hackett v. City of New HavenSupreme Court of Connecticut · 1925
  5. Rogers v. BrownSupreme Judicial Court of Maine · 1937

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