Byler v. Asher

Citations

• 47 Ill. 101

Syllabus

<p>1. Evidence—to mitigate damages—should not be offered as a defense. It is not error for a court to refuse to admit evidence which constituted no defense to an action, but which may have been proper for the purpose of mitigating damages, when such proof was offered as a defense alone. To have made it admissible, it should have been offered to mitigate damages, and not as a defense.</p> <p>2. Elections—concerning the Act of 1865—relative to dections—voters must comply with its requirements. An action will not lie against the judges of an election, for refusing the vote of a person who was not registered as a voter, and who failed to comply with the requirements of section 7 of the act of 1865, relative to the proof to be made in such cases. Nor will the fact that such refusal was placed on grounds not tenable, change their liability.</p> <p>3. Same—what proof required—in cases of non-registered voters. Under this act, a person who has not been registered as a voter, must not only show by his own affidavit, that he is an inhabitant of the district in which he offers Ms vote, but he must, in addition, establish such fact by the affidavit of a “ householder and registered voter ” of such district.</p> <p>4. Same. And in such case, the fact that the person so offering his vote was well known to the judges of the election, who knew that he resided in the district and had previously been in the habit of voting therein, does not dispense with the proof required by the statute.</p> <p>6. Same—requirements of the act reasonable—and within the scope of legislative power. The requirements of this act, relative to the proof to be made by persons whose names have not been registered, are reasonable, and within the scope of legislative power, and are not calculated to abridge the elective franchise.</p>