Jenkins v. Waldron
New York Supreme Court
IN ERROR, on certiorari, from a justice’s court. Waldron brought an action on the case against Seth Jenkins,- Erastus Praííi Daniel Clark, and William Coventry, the plaintiffs in error, as inspectors of the election held in Hudson, in Columbia x. , * •, county, in April, 1811, for refusing to receive his vote, as aisf i . & elector, ccc.
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IN ERROR, on certiorari, from a justice’s court. Waldron brought an action on the case against Seth Jenkins,- Erastus Praííi Daniel Clark, and William Coventry, the plaintiffs in error, as inspectors of the election held in Hudson, in Columbia x. , * •, county, in April, 1811, for refusing to receive his vote, as aisf i . & elector, ccc. The plaintiff below stated, in his declaration, that the defendants below were inspectors of the poll in the city of Hudson, at the general election in 1811; that the plaintiff was duly qualito vote for members of the assembly; that he tendered his vote to…
1Opinion of the CourtSpercer, J.
It is not necessary to the decision of this cause, to pronounce any opinion on the question, whether Judge Edmonds was a judge de jure, or defacto, when he gave the certificate that the defendant had duly proved himself to be a free man; for, admitting that Judge Edmonds was either, this action, as laid, is not maintainable. It is not alleged or proved that the inspectors fraudulently or maliciously refused to receive Waldron’s vote; and this we consider to be absolutely necessary to the maintenance of an action against the inspectors of an election.
The case principally relied on by the…
2Cited by39 opinions
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- Donahoe v. RichardsSupreme Judicial Court of Maine · 1854
- Reed v. ConwaySupreme Court of Missouri · 1854
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