People ex rel. Wells v. Collin
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendants, Frederick Oollin and others, composing the common council of the city of Elmira, N. Y., for the years 1896 and 1897, and constituting the canvassing board for the purpose of canvassing the election returns upon the city election held March 2, 1897, from an order of the Supreme Court, made at the Chemung Special Term and entéred in the. office of the clerk of the county of Chemung on the 20th day-of March, 1897, directing that a jDeremptory writ of…
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Appeal by the defendants, Frederick Oollin and others, composing the common council of the city of Elmira, N. Y., for the years 1896 and 1897, and constituting the canvassing board for the purpose of canvassing the election returns upon the city election held March 2, 1897, from an order of the Supreme Court, made at the Chemung Special Term and entéred in the. office of the clerk of the county of Chemung on the 20th day-of March, 1897, directing that a jDeremptory writ of mandamus- issue commanding them to reconvene and recanvass the votes cast'for the office of alderman in the third ward of…
1Opinion of the Court
Parker, P. J.:
The sole question upon which the validity of the ballots in question turns is whether a voter, who desires to vote for candidates of different parties, must place the cross X mark in the “ voting space,” so called, opposite the name of the candidate for whom he would vote; or whether it will be sufficient if he place it before the name of such candidate, but not within the voting space. Or, rather, the question is whether, if he places it' before the name, but without the space, the ballot must be rejected.
The solution of this question depends upon the construction given to the…
2Cases cited2 opinions
- Hoey v. . GilroyNew York Court of Appeals · 1891
- People Ex Rel. Onondaga County Savings Bank v. ButlerNew York Court of Appeals · 1895
3Cited by8 opinions
- People ex rel. Colne v. SmithAppellate Division of the Supreme Court of the State of New York · 1919
- People ex rel. Brown v. Board of SupervisorsAppellate Division of the Supreme Court of the State of New York · 1915
- In re HouliganNew York Supreme Court · 1907
- People ex rel. Damon v. FessendenAppellate Division of the Supreme Court of the State of New York · 1898
- People ex rel. Brown v. Board of SupervisorsAppellate Division of the Supreme Court of the State of New York · 1915
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