People ex rel. Kathan v. County Board of Canvassers
Appellate Division of the Supreme Court of the State of New York
Appeal by James N. Locke from an order of the Supreme Court, made at the Saratoga Special Term bearing date the 14th day of December, 1901, and entered in the office of the clerk of the county of Hamilton, making the appellant, Jamies N. Locke, a party to'the proceeding, and also from an order of the Supreme Court, made at the Montgomery Special Term and entered in the office of the clerk of the county of Hamilton on the 30th day of December, 1901, directing the issuance of…
Read the full summary
Appeal by James N. Locke from an order of the Supreme Court, made at the Saratoga Special Term bearing date the 14th day of December, 1901, and entered in the office of the clerk of the county of Hamilton, making the appellant, Jamies N. Locke, a party to'the proceeding, and also from an order of the Supreme Court, made at the Montgomery Special Term and entered in the office of the clerk of the county of Hamilton on the 30th day of December, 1901, directing the issuance of a peremptory writ of mandamus to the County Board of Canvassers of Hamilton County, N. V., commanding them to reconvene…
1Opinion of the CourtSmith, J.
In the appeal from the order of Justice Houghton, bringing in the appellant as a party to this proceeding, it is first objected that the notice of appeal does not sufficiently identify the order. . While the date of the order is incorrectly stated in the notice of appeal, the notice of appeal specifies the order appealed from as the order *113bringing in the appellant as a party. This description sufficiently identifies the orde,r. The order was made, however, upon the objection of the appellant that he was “.not, and should be” a party to the proceeding, and in the subsequent proceedings no…
2Cases cited4 opinions
- The People v. . CookNew York Court of Appeals · 1853
- People Ex Rel. Derby v. . RiceNew York Court of Appeals · 1891
- People ex rel. Yates v. FergusonCourt for the Trial of Impeachments and Correction of Errors · 1827
- Kortz v. Board of Canvassers of Greene CountyNew York Supreme Court · 1882
3Cited by3 opinions
- In re GabelmannNew York Supreme Court · 1930
- Jeffery v. Trustees of Village of Clinton, New York County Courts1960
- Smith v. ChuckrowNew York Supreme Court · 1935