People ex rel. Bantel v. Morgan
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendants, Charles H. Morgan and others, from an order of the Supreme Court, made at the Westchester Special Term and entered in the office of the clerk of the county of Westchester on the otli day of May, 1897, directing the issuance of a peremptory writ of mandamus commanding the defendant inspectors to count for the relator certain votes for the office of .trustee of the village of New Rochelle on two ballots which were voted at the village election held…
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Appeal by the defendants, Charles H. Morgan and others, from an order of the Supreme Court, made at the Westchester Special Term and entered in the office of the clerk of the county of Westchester on the otli day of May, 1897, directing the issuance of a peremptory writ of mandamus commanding the defendant inspectors to count for the relator certain votes for the office of .trustee of the village of New Rochelle on two ballots which were voted at the village election held therein on the 20th day of April, 1897.
1Opinion of the Court
Willard Bartlett, J.:
This is a proceeding under section 114 of the Election Law (as amended by chap. 909, Laws of 1896), to determine “ whether any ballot and the v.otes thereon, which has been rejected by the inspectors as void, -shall be counted.” The ballots in question were two in number, which appear to have been duly delivered to the inspectors, *49by persons entitled to vote at the village election' held in New Rochelle, on April 20, 1897. One of these ballots was not counted at all, but was treated as void, because the mark within the circle, at the head of the Democratic ticket, was…
2Cited by5 opinions
- Matter of Whitman. No. 1New York Court of Appeals · 1918
- State ex rel. Crain v. AckerWisconsin Supreme Court · 1910
- Thompson v. BolingCourt of Appeals of Kentucky (pre-1976) · 1931
- People ex rel. White v. Board of AldermenAppellate Division of the Supreme Court of the State of New York · 1898
- Wade v. DurrettCourt of Appeals of Kentucky · 1962