Carter v. Harrison

Trespass on the case. The first count states, that one of the defendants was a judge, and the other an inspector, of an election in the county for members of the legislature; that the plaintiff had a legal right to vote at that election; and that the defendants maliciously and with a fraudulent intent, refused to receive the plaintiff’s vote. The second count is similar to the first, except that it omits to charge any malice or fraud. The defendants pleaded the general issue. Yerdict and judgment for the defendants.

The Court directed the jury to disregard the second count; and informed them…