In Re the Objections to the Certificates of Nomination of Hennessy
New York Court of Appeals
Appeal from an order of the Appellate Division of the Supreme Court in the first judicial department, entered October 31, 1900, reversing an order of Special Term, reversing a determination of the police board of the city of New York, deciding that Richard H. Mitchell was regularly nominated as the Democratic candidate for state senator for the twenty-first senatorial district. The facts, so far as material, are stated in the opinion.
Read the full summary
Appeal from an order of the Appellate Division of the Supreme Court in the first judicial department, entered October 31, 1900, reversing an order of Special Term, reversing a determination of the police board of the city of New York, deciding that Richard H. Mitchell was regularly nominated as the Democratic candidate for state senator for the twenty-first senatorial district. The facts, so far as material, are stated in the opinion. The Supreme Court has power to decide this controversy within fifteen days of election. The provision of section 56 of the Election Law that “ the final order…
1Opinion of the CourtHaight, J.
The few hours intervening between argument and rendering of decision prevent more than a brief discussion of the question presented by this appeal.
Two certificates of nomination for state senator for the twenty-first senatorial district were filed with the police board, both regular in form, one certifying that the appellant Hennessy was duly nominated as the Democratic candidate and the other certifying that the respondent Mitchell was regularly nominated for the office by that party. Each of the candidates filed objections to the certificate of his opponent. A hearing was had by the parties…
2Cases cited6 opinions
- United States Tr. Co. of New York v. . U.S. Fire Ins. Co.New York Court of Appeals · 1858
- Wood v. . ChapinNew York Court of Appeals · 1856
- Juliand v. . RathboneNew York Court of Appeals · 1868
- Stewart v. SlaterThe Superior Court of New York City · 1856
- In Re Objections to Certificates of Nomination as Member of Assembly for the Second Assembly District of Westchester CountyNew York Court of Appeals · 1896
1 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
- Cheney v. CoughlinMassachusetts Supreme Judicial Court · 1909
- Moskowitz v. La GuardiaNew York Supreme Court · 1944
- Matter of ClarkNew York Court of Appeals · 1901
- Fallon v. HattemerAppellate Division of the Supreme Court of the State of New York · 1930
- Clifford v. New York State Employees Retirement SystemAppellate Division of the Supreme Court of the State of New York · 1986
11 more not listed; retrieve them via the Exa API.