Attorney-General Ex Rel. West v. Bartlett
Supreme Court of New Hampshire
Information, in the nature of quo warranto, to determine the title to the offices of second and third supervisors of the checklist of the town of Chichester. Trial by the court. Facts found, and ease transferred from the April term, 1909, of the superior court, by Stone, J. At the election held in Chichester, November 3, 1908, the moderator declared a tie vote and no choice for second and third supervisors.
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Information, in the nature of quo warranto, to determine the title to the offices of second and third supervisors of the checklist of the town of Chichester. Trial by the court. Facts found, and ease transferred from the April term, 1909, of the superior court, by Stone, J. At the election held in Chichester, November 3, 1908, the moderator declared a tie vote and no choice for second and third supervisors. At an adjourned meeting held the following day, the defendants received a majority of all the votes cast, and were declared elected. They qualified and entered upon the performance of…
1Opinion of the CourtBingham, J.
This case presents the question whether a ballot marked with a cross above the party column in which the defendants’ names appear as candidates, but below and a little to the left of the circle at the head of the column, should be counted for the defendants. The relator’s position is (1) that the cross in the position it occupies upon the ballot is a distinguishing mark and renders the ballot a nullity, and (2) that the voter’s intention is not legally expressed, if he intended to vote for the defendants.
In support of his first position, the relator calls attention to the clause in section…
2Cases cited4 opinions
- Cheney v. CoughlinMassachusetts Supreme Judicial Court · 1909
- Brewster v. ShermanMassachusetts Supreme Judicial Court · 1907
- Flanders v. RobertsMassachusetts Supreme Judicial Court · 1903
- O'Connell v. MathewsMassachusetts Supreme Judicial Court · 1901
3Cited by3 opinions
- Attorney-General Ex Rel. Lang v. DuncanSupreme Court of New Hampshire · 1911
- Thompson v. BolingCourt of Appeals of Kentucky (pre-1976) · 1931
- Barr v. StevensSupreme Court of New Hampshire · 1919