Matter of Larkin
New York Court of Appeals
Appeal from an order of the Appellate Division of the Supreme Court in the third judicial department, entered December 15, 1899, reversing an order of Special Term dismissing an alternative, and denying an application for a peremptory writ of mandamus, and granting a peremptory writ of mandamus directing the board of inspectors of the regular town meeting of the town of Richmondville, Schoharie county, to reassemble at the place where the town meeting was held and publicly…
Read the full summary
Appeal from an order of the Appellate Division of the Supreme Court in the third judicial department, entered December 15, 1899, reversing an order of Special Term dismissing an alternative, and denying an application for a peremptory writ of mandamus, and granting a peremptory writ of mandamus directing the board of inspectors of the regular town meeting of the town of Richmondville, Schoharie county, to reassemble at the place where the town meeting was held and publicly to recount, for the office of supervisor, all the ballots cast at the town meeting held on the 21st day of February,…
1Opinion of the CourtBartlett, J.
This contest arises over the election of a supervisor at the town meeting held in the town of Richmond-ville, Schoharie county, on the 21st day of February, 1899. Alexander B. Larkin was the Republican candidate and Harlin P. Ives the Democratic candidate.
The whole number of votes cast was 529; 'of the straight ballots voted Larkin received 119 and Ives 113; the number of split ballots was 297, of which 43 were rejected as defective and void.
The result of the canvass of votes was. the election of Ives by a majority of 10. Thereupon Larkin, the opposing candidate, sued out an alternative writ…
2Cited by4 opinions
- People ex rel. Guersney v. PiersonNew York Supreme Court · 1901
- In re GoldinNew York Supreme Court · 1939
- Capper v. StotlerSupreme Court of Kansas · 1912
- In re the Re-submission to Electors of Town of WaylandNew York Supreme Court · 1916