Legal Opinion

People ex rel. Henness v. Douglass

Appellate Division of the Supreme Court of the State of New York

Decided January 13, 1911PublishedCited by 4 opinions

Appeal by the relator, Walter Henness, from an order denying a motion for a peremptory writ of mandamus.

1Opinion of the Court

Per Curiam :. The defendants concede that a mandamus would lie to compel them to tile the tally sheet kept by them on the canvass of- the votes for or against proposition Ho. 2 submitted to the voters of the town under the Liquor Tax Law. (See Consol. Laws, chap. 34 [Laws of 1909, chap. 39], § 13, as amd. by Laws of 1910, chap. 485.) Confessedly the defendant inspectors have failed to do this, and they should be compelled to do so. The moving papers show that there was a "mistake made in the're turn of the defendant inspectors and that the. figures were-transposed, and that the number of…

2Cases cited1 opinion

  1. Matter of StewartNew York Court of Appeals · 1898

3Cited by4 opinions

  1. Ginsberg v. HeffernanNew York Supreme Court · 1945
  2. Tamney v. AtkinsAppellate Division of the Supreme Court of the State of New York · 1912
  3. In re BarrettNew York Supreme Court · 1923
  4. Smith v. WenzelAppellate Division of the Supreme Court of the State of New York · 1915

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