Legal Opinion · Dissent

Walsh v. Boyle

Appellate Division of the Supreme Court of the State of New York

Decided August 16, 1917Published

Appeals by the relator, John L. Walsh, and by the intervenors, Republican County Committee of the County of New York and another, from an order of the Supreme Court, made at the New York Special Term and entered in the office of the clerk of the county of New York on the 11th day of August, 1917, denying in part an application for a peremptory writ of mandamus compelling the board of elections to print the names of candidates for certain judicial offices on the official…

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Appeals by the relator, John L. Walsh, and by the intervenors, Republican County Committee of the County of New York and another, from an order of the Supreme Court, made at the New York Special Term and entered in the office of the clerk of the county of New York on the 11th day of August, 1917, denying in part an application for a peremptory writ of mandamus compelling the board of elections to print the names of candidates for certain judicial offices on the official ballot for the coming general election in a certain specified way.

1Dissent

Shearn, J. (dissenting):

This controversy has to do with the proper order of printing the names of candidates upon the general election ballots where several individuals are to be elected to the same general office. In the case at bar the office is justice of the City Court of the City of New York, there being six terms to fill.

Section 331 of the Election Law provides generally for *589the printing of an official ballot, and subdivision 3, having special reference to ballots for general officers, provides, among other things, as follows:

“ 3. Ballots for general officers. The names of all…

2Cases cited4 opinions

  1. Matter of Hopper v. . BrittNew York Court of Appeals · 1911
  2. Matter of CallahanNew York Court of Appeals · 1910
  3. People Ex Rel. Hart v. . GoodrichNew York Court of Appeals · 1904
  4. Matter of Duell v. . Bd. of ElectionsNew York Court of Appeals · 1912

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