Blake v. Brothers
Supreme Court of Connecticut
Action to recover damages for the alleged wrongful rejection by the defendant, as moderator of a voting district, of a ballot cast by the plaintiff, brought to the Superior Court in New Haven County and tried to the court, Shumway, J., upon a demurrer to the complaint; the court sustained the demurrer and rendered judgment for the defendant, from which the plaintiff appealed.
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Action to recover damages for the alleged wrongful rejection by the defendant, as moderator of a voting district, of a ballot cast by the plaintiff, brought to the Superior Court in New Haven County and tried to the court, Shumway, J., upon a demurrer to the complaint; the court sustained the demurrer and rendered judgment for the defendant, from which the plaintiff appealed. The complaint states the following facts : The plaintiff, at the State election held November 6th, 1906, secured an official ballot, duly issued by the secretary of State in blank, and wrote thereon in his own…
1Opinion of the CourtThayer, J.
The complaint does not allege, and the plaintiff in his brief states that it is not claimed, that the defendant acted maliciously, or that he overstepped the duties imposed upon him by statute. The plaintiff’s contention is that the statute under which the defendant acted violates the Constitution of the State in several respects, and especially in that it deprives the duty-qualified elector of the right of free suffrage, including the right to vote a written ballot and the right to otherwise so mark his ballot that it may indicate who cast it; and that being thus in violation of the…
2Cases cited1 opinion
- Perry v. ReynoldsSupreme Court of Connecticut · 1885
3Cited by9 opinions
- State Ex Rel. Wahl v. SpeerSupreme Court of Missouri · 1920
- Pluhowsky v. City of New HavenSupreme Court of Connecticut · 1964
- Blake v. MasonSupreme Court of Connecticut · 1909
- State Ex Rel. City of Clarence v. DrainSupreme Court of Missouri · 1934
- Boney v. SimsSupreme Court of Missouri · 1924
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