Sheils v. Flynn
Appellate Division of the Supreme Court of the State of New York
1Opinion of the CourtRhodes, J.
The plaintiff seeks a declaratory judgment requesting a determination that at the general election held on November 3,1936, he was duly elected surrogate of the county of Westchester.
On a former appeal it was held that the action is maintainable and that the complaint states a cause of action. (Sheils v. Flynn, 252 App. Div. 140.)
After a trial the court below entered a decision dismissing the complaint. (164 Mise. 302.)
The parties agree that there is no dispute as to the underlying facts.
At such general election plaintiff was the nominee of the Democratic and the American Labor parties, and…
2Cases cited7 opinions
- People Ex Rel. Hirsh v. . WoodNew York Court of Appeals · 1895
- Swift v. . City of PoughkeepsieNew York Court of Appeals · 1868
- Matter of Wicksel v. CohenNew York Court of Appeals · 1933
- People ex rel. Williams v. Board of CanvassersAppellate Division of the Supreme Court of the State of New York · 1905
- Sheils v. FlynnAppellate Division of the Supreme Court of the State of New York · 1937
2 more not listed; retrieve them via the Exa API.
3Cited by17 opinions
- Messina v. Albany County Board of ElectionsAppellate Division of the Supreme Court of the State of New York · 2009
- Gross v. Albany County Board of ElectionsAppellate Division of the Supreme Court of the State of New York · 2004
- St. John v. Board of ElectionsNew York Supreme Court · 1989
- State Ex Rel. Pemberton v. Superior CourtWashington Supreme Court · 1938
- Amedore v. PetersonAppellate Division of the Supreme Court of the State of New York · 2013
12 more not listed; retrieve them via the Exa API.