Holmes v. Greene
Massachusetts Supreme Judicial Court
Action of tort against the selectmen of Fall River for 1853, for refusing to receive the plaintiff’s vote at the annual election for state officers in November of that year.
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Action of tort against the selectmen of Fall River for 1853, for refusing to receive the plaintiff’s vote at the annual election for state officers in November of that year. Writ dated May 29th 1854. At the trial, the defendants admitted that the plaintiff had all the legal qualifications of a voter, except a domicil in Fall River, and that was the only question submittted to the jury by Bigelow, J., who reserved for the consideration of the full court the question whether a verdict for the plaintiff could be supported upon the following evidence : The plaintiff had been a resident and voter…
1Opinion of the CourtBigelow, J.
It was conceded, at the trial of this cause, that the same evidence which was submitted to the jury, was offered by the plaintiff to the defendants, acting as selectmen of the town of Fall River, at the time he applied to them to have his name placed on the list of voters in November 1853. The case was therefore tried according to the rule laid down in Blanchard v. Stearns, 5 Met. 298. The only question which now arises upon this proof is, whether it sustains the claim of the plaintiff, that his legal domicil was in Fall River in the autumn of 1853, and that he had a right to vote there in…
2Cases cited1 opinion
- Vincent v. EavesCourt of Appeals of Kentucky · 1858
3Cited by2 opinions
- In re Koichi MaekawaDistrict Court, D. Hawaii · 1913
- In re Tsuru TomimatsuDistrict Court, D. Hawaii · 1912