Cole v. Tucker
Massachusetts Supreme Judicial Court
Tort, against the election officers of a ward, in the city of Northampton, to recover damages for wrongfully refusing, as the plaintiff alleges, to allow the ballot offered by him to be deposited in the ballot box at the time of the annual election of city officers on December 4,1894. The case was submitted to the Superior Court, and, after judgment for the defendants, to this court, on appeal, upon agreed facts, the material parts of which appear in the opinion.
1Opinion of the CourtField, C. J.
It is necessary in this case to determine the constitutionality of St. 1893, c. 417, so far as it relates to the use of an official ballot in the election of city officers. A question somewhat like this was discussed in Miner v. Olin, 159 Mass. 487, but the court there expressed no opinion upon it. The defendants in the present case were election officers at an annual election for city officers in the city of Northampton, and refused to allow the ballot offered by the plaintiff to be deposited in the ballot box, and the ballot was not deposited and was not counted in the election. It was a…
2Cases cited12 opinions
- Bowers v. SmithSupreme Court of Missouri · 1892
- State ex rel. Lamar v. DillonSupreme Court of Florida · 1893
- Whittam v. ZahorikSupreme Court of Iowa · 1894
- Common Council of Detroit v. RushMichigan Supreme Court · 1890
- Kinneen v. WellsMassachusetts Supreme Judicial Court · 1887
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3Cited by38 opinions
- Eckerson v. City of Des MoinesSupreme Court of Iowa · 1908
- Ashley v. Three Justices of the Superior CourtMassachusetts Supreme Judicial Court · 1917
- State ex rel. Van Alstine v. FrearWisconsin Supreme Court · 1910
- Swift v. Board of Registrars of VotersMassachusetts Supreme Judicial Court · 1932
- Moore v. Election CommissionersMassachusetts Supreme Judicial Court · 1941
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