ALLEN v. MERRELL

No. 8589.

6 Utah 2d 32 (1956)

305 P.2d 490

PRESTON ALLEN, SUING FOR HIMSELF AND OTHER AMERICAN INDIANS SIMILARLY SITUATED, PLAINTIFF, v. PORTER L. MERRELL, INDIVIDUALLY AND AS COUNTY CLERK, DUCHESNE COUNTY, UTAH, DEFENDANT.

Supreme Court of Utah.

December 15, 1956.


Attorney(s) appearing for the Case

Robert W. Barker, Washington, D.C., John S. Boyden, Salt Lake City, for appellant.

E.R. Callister, Atty. Gen., K. Roger Bean, Walter L. Budge, Asst. Attys. Gen., for respondent.


CROCKETT, Justice.

Preston Allen, an American Indian residing on the Uintah Indian Reservation in Duchesne County, Utah, instituted original proceedings in this court, for himself and others similarly situated, seeking a writ to compel the defendant, Porter Merrell, County Clerk, to issue him a ballot and permit him to vote.

The refusal of the defendant, Merrell, to give plaintiff a ballot was based on the definition of "resident" as a qualification to vote...

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