Legal Opinion

Matter of Barry

New York Court of Appeals

Decided October 2, 1900PublishedCited by 25 opinions

Appeal from an order of the Appellate Division of the Supreme Court in the second judicial department, entered December 29,1899, affirming an order of Special Term, denying the application of the petitioners to have their names added to the registry of electors in the first election district of the seventh ward of the city of Yonkers. The facts, so far as material, are stated in the opinion.

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Appeal from an order of the Appellate Division of the Supreme Court in the second judicial department, entered December 29,1899, affirming an order of Special Term, denying the application of the petitioners to have their names added to the registry of electors in the first election district of the seventh ward of the city of Yonkers. The facts, so far as material, are stated in the opinion. The appellants are qualified electors of the first election district of the seventh ward of Yonkers, and as such entitled to registration. (Const. N. Y. art. 2, § 3; Silvey v. Lindsay, 107 N. Y. 61;…

1Opinion of the CourtBartlett, J.

The petition in this case is made by some fifty-nine ecclesiastical students at St. Joseph’s Seminary, an institution established and maintained for the purpose of educating young men for the Roman Catholic priesthood, which is located in the seventh ward of the city of Yonkers.

In October, 1899, the petitioners sought to register themselves as legal voters in the seventh ward, but registration was denied by the board of inspectors.

The facts in this case are undisputed and as follows: -"Ho person is allowed to enter or remain in this seminary as a student unless he intends in good faith to…

2Cases cited3 opinions

  1. Silvey v. . LindsayNew York Court of Appeals · 1887
  2. Matter of GoodmanNew York Court of Appeals · 1895
  3. Matter of GarveyNew York Court of Appeals · 1895

3Cited by25 opinions

  1. Palla v. Suffolk County Board of ElectionsNew York Court of Appeals · 1972
  2. Ramey v. RockefellerDistrict Court, E.D. New York · 1972
  3. State ex rel. Lyle v. WillettTennessee Supreme Court · 1906
  4. Perri v. KisselbachSupreme Court of New Jersey · 1961
  5. Matter of Robbins v. ChamberlainNew York Court of Appeals · 1947

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