Fitzpatrick v. Pope

30 N.E.2d 681, 307 Mass. 611, 1940 Mass. LEXIS 1078

Opinion

The judge was right in dismissing the petition for mandamus to require a recount of the votes for selectman. A condition of a recount is that the initial “statement” signed by voters must bear “a certificate by the registrars of voters of the number of names of subscribers which are names of registered voters in such ward or town.” G. L. (Ter. Ed.) c. 54, § 135, as amended by St. 1933, c. 270, St. 1935, c. 59, § 1, and St. 1938, c. 250, § 1. That condition was not performed.