Legal Opinion

In Re Objections to Certificates of Nomination as Member of Assembly for the Second Assembly District of Westchester County

New York Court of Appeals

Decided October 29, 1896PublishedCited by 10 opinions

Appeal from order of the Appellate Division of the Supreme Court in the second judicial department, made October 26, 1896, which dismissed an appeal from an order of a justice of the Supreme Court,, entered October 19, 1896, which reversed a determination of the county clerk of Westchester county that the appellant was the regular nominee of the Republican party for member of assembly and filing his certificate and ordered the filing of respondent’s certificate.

Read the full summary

Appeal from order of the Appellate Division of the Supreme Court in the second judicial department, made October 26, 1896, which dismissed an appeal from an order of a justice of the Supreme Court,, entered October 19, 1896, which reversed a determination of the county clerk of Westchester county that the appellant was the regular nominee of the Republican party for member of assembly and filing his certificate and ordered the filing of respondent’s certificate. The facts, so far as material, are stated in the opinion. The Appellate Division should not have dismissed the appeal either upon…

1Opinion of the CourtO’Brien, J.

We have concluded, for public reasons, to hear this case informally upon the papers filed in the clerk’s office and without any printed record. The brief time available for the examination and disposition of the case will permit little more than a bare statement' of the result at which we have arrived.

The existence of factional divisions in the Republican party in Westchester county has resulted in the nomination of two candidates for member of assembly in the second district. Botli candidates presented to the county clerk certificates of nomination, as required by the Election Law, and each…

2Cited by10 opinions

  1. In Re the Objections to the Certificates of Nomination of HennessyNew York Court of Appeals · 1900
  2. In re HalpinAppellate Division of the Supreme Court of the State of New York · 1905
  3. Lyden v. KatzNew York Supreme Court · 1961
  4. People of New York ex rel. Tuers v. DoolingNew York Supreme Court · 1910
  5. In re HennessyAppellate Division of the Supreme Court of the State of New York · 1900

5 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API