Matter of Hearst v. . Woelper
New York Court of Appeals
Appeal from an order of the Appellate Division of the Supreme Court in the first judicial department, entered December 7, 1905, which modified and affirmed as modified an order of Special Term granting a motion for a peremptory-writ of mandamus to compel a re-count of the ballots cast in the second election district of the sixth assembly district in the county of New York at the general election of November 7, 1905. An application was made to a justice of the Supreme Court…
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Appeal from an order of the Appellate Division of the Supreme Court in the first judicial department, entered December 7, 1905, which modified and affirmed as modified an order of Special Term granting a motion for a peremptory-writ of mandamus to compel a re-count of the ballots cast in the second election district of the sixth assembly district in the county of New York at the general election of November 7, 1905. An application was made to a justice of the Supreme Court by William B. IIearst, John Ford and James G. Stokes, respectively, candidates for the offices of mayor, comptroller and…
1Opinion of the CourtGray, J.
The learned justices of the Appellate Division appeared to have been swayed from their contrary convictions by the decision of the Second Appellate Division in Matter of Stiles, (69 App. Div. 589), and by an observation in the prevailing opinion in this court, later, in People ex rel. Brink v. Way, (179 N. Y. 174). In Stiles case, errors were alleged in the tally sheet and it was held that they were such as to require the re-con veiling of all the election officials, under the provisions of section 84 of the Election Law. It was said in the opinion that “ the law required a ‘recount.’ It does…
2Cases cited4 opinions
- People Ex Rel. Dailey v. . LivingstonNew York Court of Appeals · 1879
- People Ex Rel. Brink v. . WayNew York Court of Appeals · 1904
- Matter of StewartNew York Court of Appeals · 1898
- In re the Application of StilesAppellate Division of the Supreme Court of the State of New York · 1902
3Cited by28 opinions
- Schieffelin v. Valentine KomfortNew York Court of Appeals · 1914
- MTR. OF DELGADO v. SunderlandNew York Court of Appeals · 2002
- People Ex Rel. Brown v. . FreischNew York Court of Appeals · 1915
- People v. . McClellanNew York Court of Appeals · 1908
- Bonacker v. ChuckrowNew York Supreme Court · 1938
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