Blake v. Mason
Supreme Court of Connecticut
Action to recover damages for the alleged wrongful rejection by the defendant, as moderator of a voting district, of a ballot cast by the plaintiff, brought to and tried by the Superior Court in New Haven County upon a demurrer to the complaint; the court, Shumway, J., sustained the demurrer and rendered judgment for the defendant, from which the plaintiff appealed.
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Action to recover damages for the alleged wrongful rejection by the defendant, as moderator of a voting district, of a ballot cast by the plaintiff, brought to and tried by the Superior Court in New Haven County upon a demurrer to the complaint; the court, Shumway, J., sustained the demurrer and rendered judgment for the defendant, from which the plaintiff appealed. The complaint states, in substance, that the plaintiff was an elector qualified to vote at the election for State officers held on the 3d day of November, 1908, in the voting district in New Haven in which the defendant was the…
1Opinion of the CourtPrentice, J.
The plaintiff’s purpose in instituting this action, as in those heretofore begun by him, was to secure a judicial declaration that those provisions of our statutes regulating the exercise of the right of suffrage which prescribe the disposition to be made of ballots marked in violation of the regulations contained in the statutes, are unconstitutional and void. No charge is made that the defendant, as the moderator whose action is made the subject of the suit, acted otherwise than as he was commanded to do, or that he was actuated in what he did by malice or improper motive. The plaintiff’s…
2Cases cited4 opinions
- American Casualty Insurance & Security Co. v. FylerSupreme Court of Connecticut · 1891
- Blake v. BrothersSupreme Court of Connecticut · 1907
- Perry v. ReynoldsSupreme Court of Connecticut · 1885
- In Re Complaint of BlakeSupreme Court of Connecticut · 1905
3Cited by14 opinions
- Gauvin v. City of New HavenSupreme Court of Connecticut · 1982
- Wright v. BrownSupreme Court of Connecticut · 1975
- Leger v. KelleySupreme Court of Connecticut · 1955
- Pluhowsky v. City of New HavenSupreme Court of Connecticut · 1964
- Bonington v. Town of WestportSupreme Court of Connecticut · 2010
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