Matter of Darling
New York Court of Appeals
Appeal from an order of the Appellate Division of the Supreme Court in the first judicial department, entered October 28, 1907, which affirmed an order of Special Term dismissing a proceeding for the summary review of the action of the board of elections of the city of New York in refusing to receive a certificate of nomination of Joseph F. Darling as the candidate of the Republican party for the office of justice of the Municipal Court for the fourth district of the borough…
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Appeal from an order of the Appellate Division of the Supreme Court in the first judicial department, entered October 28, 1907, which affirmed an order of Special Term dismissing a proceeding for the summary review of the action of the board of elections of the city of New York in refusing to receive a certificate of nomination of Joseph F. Darling as the candidate of the Republican party for the office of justice of the Municipal Court for the fourth district of the borough of Manhattan.
1Per curiam
Though we regard the statutory requirement as to the time when certificates of nomination should be filed as mandatory, a majority of the court are of the opinion that there may occur accidents and mistakes, causing delay in such filing, from "the effects of which the Supreme Court in either branch may, under section 56 of the Election Law, relieve, provided it finds that the delay has not been due to the negligence or fault of the convention making the nomination, or of the party to whom the filing of the certificate was intrusted. (See Matter of Clark, 168 N. Y. 427.) But the question in…
2Cases cited1 opinion
- Matter of ClarkNew York Court of Appeals · 1901
3Cited by16 opinions
- Carr v. New York State Board of ElectionsNew York Court of Appeals · 1976
- Matter of Lauer v. Bd. of ElectionsNew York Court of Appeals · 1933
- State ex rel. Smith v. MarshNebraska Supreme Court · 1930
- In re KingAppellate Division of the Supreme Court of the State of New York · 1913
- In re BayneNew York Supreme Court · 1910
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