¶1The 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.
307 Mass. 611
Fitzpatrick v. Pope
Massachusetts Supreme Judicial Court
Decided December 10, 1940
Massachusetts Supreme Judicial Court · decided 1940-12-10
Cited by 3 later decisions — most recently February 1971
3 state decisions
Good law ✅— No negative treatment on recordhow we know
Decided 1940-12-10
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