34 Conn. 454 | Conn. | 1867
The defendant as moderator of the electors’ meeting in the town of Greenwich, in November, 1864, for the choice of Presidential Electors, refused to receive the plaintiff’s vote, although he was duly registered on the perfected list of the electors of the town. His vote being challenged, his right was referred to the selectmen and town clerk, who decided that lie had no right to vote, and thereupon his vote was refused. The superior court charged the jury, in substance, that the perfected registry list of electors was conclusive, and consequently the right of challenge on the day of election did not exist, and the question is whether this decision was correct. We think it was correct. The right of challenging illegal votes at the electors’ meetings existed until the act of 1860, and there is no doubt that the moderator in this case acted in strict conformity to the previous law.
We are therefore of opinion that there was no error in the charge of the court, and a new trial is not advised.
In this opinion the other judges concurred.