Legal Opinion

Flanders v. Roberts

Massachusetts Supreme Judicial Court

Decided January 13, 1903PublishedCited by 26 opinions

Four petitions, filed in December, 1902, one for a writ of certiorari and three for writs of mandamus addressed to the city clerk, the board of registrars of voters and the board of aider-men of the city of Haverhill, by which the petitioner sought to be declared the duly elected mayor of that city. The cases were heard upon the petitions, and demurrers and answers thereto, by Loring, J., who reserved them for the consideration of the full court.

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Four petitions, filed in December, 1902, one for a writ of certiorari and three for writs of mandamus addressed to the city clerk, the board of registrars of voters and the board of aider-men of the city of Haverhill, by which the petitioner sought to be declared the duly elected mayor of that city. The cases were heard upon the petitions, and demurrers and answers thereto, by Loring, J., who reserved them for the consideration of the full court. If the petitioner was entitled to the relief prayed for, and if the court had jurisdiction in any form of proceeding or pleading to afford it, the…

1Opinion of the CourtLoring, J.

The main question here is whether the registrars of voters were wrong in counting eighteen ballots for the republican candidate for mayor. On these eighteen ballots there was a cross in the square opposite the blank space left for the insertion of a name of a candidate whose name is not printed on the ballot, and the name of the republican candidate was just above this blank. We are of opinion that the registrars of voters were wrong in counting those ballots as they did.

The question whether these ballots were to be counted by the registrars of voters as votes for the republican candidate or…

2Cases cited7 opinions

  1. Attorney General v. DrohanMassachusetts Supreme Judicial Court · 1897
  2. Locke v. Selectmen of LexingtonMassachusetts Supreme Judicial Court · 1877
  3. Peabody v. School CommitteeMassachusetts Supreme Judicial Court · 1874
  4. O'Connell v. MathewsMassachusetts Supreme Judicial Court · 1901
  5. Clark v. Board of ExaminersMassachusetts Supreme Judicial Court · 1879

2 more not listed; retrieve them via the Exa API.

3Cited by26 opinions

  1. Swan v. Justices of Superior CourtMassachusetts Supreme Judicial Court · 1916
  2. Attorney General v. Suffolk County Apportionment CommissionersMassachusetts Supreme Judicial Court · 1916
  3. Brewster v. ShermanMassachusetts Supreme Judicial Court · 1907
  4. Swift v. Board of Registrars of VotersMassachusetts Supreme Judicial Court · 1932
  5. O'Brien v. Board of Election CommissionersMassachusetts Supreme Judicial Court · 1926

21 more not listed; retrieve them via the Exa API.

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