Cummings v. Marcin

This is an appeal from an order dismissing plaintiffs* suit to contest a local option election. The issue is whether the dismissal was error. To resolve this issue, we must examine the allegations of the complaint.

I

Plaintiffs Fannie L. Cummings, Walter O. Carroll, Albie Cummings, Leroy Davis and William E. Holland are registered voters in the 68th Precinct of the 10th Ward, City of Chicago and have been since October 1968, when the defendant Board of Election Commissioners issued the precinct poll sheet. On or about September 3, 1970, defendant John C. Marcin, City Clerk of the City of…