Keith v. Howard
Massachusetts Supreme Judicial Court
Upon a case stated, it appeared, that this was an action of the case against the defendant, for rejecting the plaintiff’s vote at a parish meeting of the Congregational Parish in Easton.
Read the full summary
Upon a case stated, it appeared, that this was an action of the case against the defendant, for rejecting the plaintiff’s vote at a parish meeting of the Congregational Parish in Easton. The parish was incorporated on the 7th of February, 1792, (1 Special Laws, 320,) and the act of incorporation provides, that “ all inhabitants of the town of Easton, &c. who now usually attend, and who shall hereafter usually attend public worship, with the congregational society of the town of Easton, of which the Rev. William Reed is the present min ister, and who shall cause their names to be entered and…
1Opinion of the Court
Morton J.
delivered the opinion of the Court. The clerk of a town or parish is authorized and required by law to preside over all meetings in which a moderator is to be chosen, during the election of that officer. St. 1811, c. 9, § 2, and 1817, c. 184, § 2 ; Dodds v. Henry, 9 Mass. R. 262. And while thus presiding, he is invested with the same powers, governed by the same rules, and subject to the same responsibilities, as other presiding officers. Every qualified voter has a right to vote for moderator, and if the clerk refuse to receive his vote, it is an infringement of his elective…
2Cases cited1 opinion
- Dodds v. HenryMassachusetts Supreme Judicial Court · 1812