Quarton v. O'Neil

Section 1040, Comp. Laws 1913 provides:. “Any hoard of election or .any member of any board of election who willfully and knowingly rejects any legal vote shall bo subject to a fine of $50.00 to be collected in a civil action before any justice of the peace in the name and for the benefit of the person aggrieved.”

The plaintiff and respondent' began a civil action in the justice court of Foster County against the defendant and appellant to recover the sum of $50.00 claimed by him under the provisions of the statute above set out. The defendant appeared on the return day with his counsel. The…