Smith v. McCormick

²²⁵ Burke, J., delivered the opinion of the Court. This case is brought before us on an appeal from an order of the Court of Common Pleas, dismissing a petition of the appellant filed in that Court asking that the name of Thomas Carney be stricken from the list of qualified voters of the Third Election Precinct of the First Ward of Baltimore Cityi The petition was filed by Charles E. Smith, the appellant^ and stated that he is a qualified voter of the city of Baltimore, and that he believes, and, therefore, charges, that Thomas Carney, who professes to reside at 318 S. Duncan street, and •who was registered as a qualified voter in the Third Election! Precinct of the First Ward on the '25th day of September,. 1906, and whose name is now on the Registries of Voters of said election precinct, is not a qualified voter entitled to register in said election precinct, and that his name was improperly entered on the registries of voters in said election precinct. Wherefore feeling himself aggrieved by the action of said board of registry, he prays the Court that the name of said Thomas Carney may be stricken from the registries of said election precinct.

The evidence shows, that on the 25th day of September, 1906, Carney applied to the Registers o£ the Third Precinct of that ward to be registered, and that he: was by them registered as a qualified voter. . It further shows, that Carney was never put upon the suspected list, and that his right to register was never brought to the attention of the; Board of Registry after his registration, and that no action of any kind was taken by said board as to the name of Thomas Carney after