Septimus Pruen, Appellant, John Surman Cox, Respondent

JurisdictionEngland & Wales
Judgment Date13 November 1845
Date13 November 1845
CourtCourt of Common Pleas

English Reports Citation: 135 E.R. 839

IN THE COURT OF COMMON PLEAS.

Septimus Pruen, Appellant, John Surman Cox
Respondent.

S. C. 1 Lutw. Reg. Cas. 304; Barr. & Arn. 514; 15 L. J. C. P. 17; 9 Jur. 994.

COMMON BENCH REPORTS. CASES ARGUED and DETERMINED in the COURT of COMMON PLEAS, in Michaelmas Term and Vacation, 1845, and Hilary Term and Yacation, and Easter Term, 1846. By JAMES MANNING, Serjeant at Law; T. C. GRANGER, of the Inner Temple, Esq., Barrister at Law; and JOHN SCOTT, of the Inner Temple, Esq., Barrister at Law. Vol. II. London, 1847. [1] cases upon appeal from the decisions of revising barristers, argued and determined in the court of common pleas, in michaelmas term and vacation, hilary term and vacation, and easter term, in the ninth year of the keign of victoria. eastern division of gloucestershire. septimus pruen, Appellant, john surman Cox, Respondent. Nov. 13, 1845. [S. C. 1 Lutw. Keg. Cas. 304; Barr. & Arn. 514; 15 L. J. C. P. 17; 9 Jur. 994.] In a notice of objection, the objector described himself as of "No. 398 High Street, Cheltenham, on the register of voters for the parish of Cirencester." On the register so referred to the objector was described as of " Cheltenham" only :-Held, that the notice was sufficient. The notice of objection was duly given, and was in proper form; but the objector described his place of abode as " No. 398 High Street, Cheltenham," and " on the register of voters for the parish of Cirencester." The name of the objector was on the list (a) [2] of voters for the parish of Cirencester, in the said division; but the place of abode, as described in that list, was ' Cheltenham " only. Cheltenham is a parish within the said division, and No. 398 High Street, is within the said parish of Cheltenham, and is the true place of abode of the objector. It was contended, that the objector ought to have omitted No. 398 High Street, in the description of his place of abode, and described it, generally,-Cheltenham only, as it appeared in the register of voters. The revising barrister thought the description sufficient; and,-the party being unable to prove the qualification,-his name was expunged. If the court shall be of opinion that the decision was wrong, the name is to be restored, as well as the names of sixty persons whose names were expunged under similar circumstances, and whose appeals are consolidated with the principal case. Cockburn, for the appellant. The notice of objection must, according to the 6 & 7...

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