In re Brush
Appellate Division of the Supreme Court of the State of New York
Appeal from special term, Westchester county. Application by Edward F. Brush for mandamus to compel a recount of the ballots cast for the office of mayor of the city of Mt. Vernon. From an order denying a recanvass of certain districts, and from an order denying a recanvass and ordering a recount of other districts, petitioner appeals; Edwin W. Fiske, an intervener, also appealing from the second order.
1Per curiam
In view of the decision of this court in Feeny’s Case, 48 N. Y. Supp. 866, affirmed by the court of appeals, 156 N. Y. 36, 50 N. E. 425, we think that the supreme court has jurisdiction by mandamus to direct a recanvass of the votes cast for the office of mayor in the several election districts to which this proceeding relates, save with the exception noted below, and that, in view of the circumstances presented by the moving papers herein, this jurisdiction may properly be exercised in this proceeding, provided the requisite parties, some of whom are not present, are brought in as indicated…
2Cases cited3 opinions
- People Ex Rel. Feeny v. . Bd. of CanvassersNew York Court of Appeals · 1898
- In re the Application of StilesAppellate Division of the Supreme Court of the State of New York · 1902
- People ex rel. Feeny v. Board of CanvassersAppellate Division of the Supreme Court of the State of New York · 1897
3Cited by1 opinion
- In re BrushAppellate Division of the Supreme Court of the State of New York · 1902