McKay v. Campbell

DEADY, District Judge.

This. action is brought to recover a penalty of $500, given by section 2 of an act of congress entitled “An act to enforce the rights of citizens of the United States to vote in the several states of the Union, and for other purposes,” approved May 13, 1870 (16 Stat. 140). It was commenced July 1,1870, and on September 26 the court gave judgment on a demurrer to the complaint that it was insufficient — because it did not allege that the defendant refused or omitted “to swear the plaintiff as to his qualifications as an elector, on account of his race, color, or previous…