Legal Opinion · Dissent

People Ex Rel. Feeny v. . Bd. of Canvassers

New York Court of Appeals

Decided May 10, 1898Published

Appeal from an order of the Appellate Division of the Supreme Court in the second judicial department, entered December 29, 1897, modifying and, as modified, affirming an order of Special Term awarding a peremptory writ of mandamus directed to the board of county canvassers of Richmond county commanding them to exclude certain ballots and to include certain other ballots, in ascertaining the votes legally cast for George Cromwell and John L. Feeny, opposing candidates for…

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Appeal from an order of the Appellate Division of the Supreme Court in the second judicial department, entered December 29, 1897, modifying and, as modified, affirming an order of Special Term awarding a peremptory writ of mandamus directed to the board of county canvassers of Richmond county commanding them to exclude certain ballots and to include certain other ballots, in ascertaining the votes legally cast for George Cromwell and John L. Feeny, opposing candidates for the office of president of the borough of Richmond, at the charter election in the city of ¡New York ¡November 2, 1897.…

1Dissent

Section 114 of the Election Law (Ch. 909, Laws 1896), as it now stands, provides: "If any certified original statement of the result of the canvass in an election district shall show that any of the ballots counted at an election therein were objected to as marked for identification, a writ of mandamus may, upon the application of any candidate voted for at such election in such district, within twenty days thereafter, issue out of the Supreme Court to the board or body of canvassers, if any, of the return of the inspectors of such election district, and otherwise to the inspectors of…

2Cases cited18 opinions

  1. Darlington v. . Mayor, C., of New YorkNew York Court of Appeals · 1865
  2. Matter of RyersNew York Court of Appeals · 1878
  3. Dudley v. . MayhewNew York Court of Appeals · 1849
  4. People Ex Rel. Hatzel v. . HallNew York Court of Appeals · 1880
  5. People v. . TrezzaNew York Court of Appeals · 1891

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