Legal Opinion

Barr v. Stevens

Supreme Court of New Hampshire

Decided April 1, 1919PublishedCited by 1 opinion

Petition, to determine the result of the election for the office of county commissioner. The petition was referred to a master who reported that each of the contestants received 8,149 votes and stated the facts as to eight ballots the count of which was in dispute. Each party claimed election upon the master’s report and moved for a certificate of election. Transferred by Branch, J., without a ruling, from the January term, 1919, of the superior court.

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Petition, to determine the result of the election for the office of county commissioner. The petition was referred to a master who reported that each of the contestants received 8,149 votes and stated the facts as to eight ballots the count of which was in dispute. Each party claimed election upon the master’s report and moved for a certificate of election. Transferred by Branch, J., without a ruling, from the January term, 1919, of the superior court. The master’s report and the disputed ballots were made a part of the case.' The facts appear in the opinion. ■

1Opinion of the CourtParsons, C. J.

The question that has been argued is the construction or interpretation of the eight disputed ballots which, as to each ballot, is, for whom did the voter intend to vote and, if that can be ascertained, has such intention been so expressed as to constitute a substantial compliance with the statute regulating the exercise of the electoral franchise. Attorney-General v. Duncan, 76 N. H. 11; Attorney-General v. Bartlett, 75 N. H. 388. The voter being supplied with a printed ballot bearing the names of the candidates for the several offices is required to indicate his choice between them by…

2Cases cited5 opinions

  1. Dinsmore v. Mayor of ManchesterSupreme Court of New Hampshire · 1911
  2. Murchie v. CliffordSupreme Court of New Hampshire · 1911
  3. Attorney-General Ex Rel. Lang v. DuncanSupreme Court of New Hampshire · 1911
  4. Stearns v. O'DowdSupreme Court of New Hampshire · 1917
  5. Attorney-General Ex Rel. West v. BartlettSupreme Court of New Hampshire · 1909

3Cited by1 opinion

  1. Opinion of the JusticesSupreme Court of New Hampshire · 1974

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