1 N.H. 88 | Superior Court of New Hampshire | 1817
The opinion of the court
It seems that an action of this description cannot be maintained in England, without alleging and proving malice. Ashby vs. While, 2 L. Raymond 938. 6 Mod. 45. — 1 East 555 & 563. note.— 1 Bro. Par. Cas. 49. The law is settled to be the same in New York. 11 Johnson 114. Jenkins & al. vs. Waldron. But in Massachusetts it has been solemnly decided to be otherwise ; and their courts hold that those who reject the vote of a qualified elector are liable, although not chargeable with malice. 7 °
judgment on the verdict.
Woodbury, J., having been of counsel, did not sit.
11 Mass. R. 350, Lincoln vs. Hapgood & al.