Matter of Tamney v. . Atkins
New York Court of Appeals
Appeal from an order of the Appellate Division of the . Supreme Court in the third judicial department, entered May 14, 1912, which affirmed an order of Special Term granting a motion for a peremptory writ of mandamus to compel the inspectors of election of a town meeting, where local option questions under the Liquor Tax Law were voted upon, to count certain ballots which were by them returned as void. The facts, so far as material, are stated in the opinion.
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Appeal from an order of the Appellate Division of the . Supreme Court in the third judicial department, entered May 14, 1912, which affirmed an order of Special Term granting a motion for a peremptory writ of mandamus to compel the inspectors of election of a town meeting, where local option questions under the Liquor Tax Law were voted upon, to count certain ballots which were by them returned as void. The facts, so far as material, are stated in the opinion. The Supreme Court had no power to entertain this proceeding for the recount or recanvass of ballots voted on a proposition submitted…
1Opinion of the CourtHiscock, J.
At a town meeting held in and for the town of New Paltz, Ulster county, on November 7th, 1911, the electors voted on the four local option questions provided for by section 13 of the Liquor Tax Law, and thereafter the inspectors of election duly made their returns of and for said election. There has been no controversy concerning the result of said election as declared on the first three questions submitted, and which were, respectively, with reference to the sale of liquors to be drunk on the premises, with reference to the sale of liquors not to be drunk on the premises, and with reference…
2Cited by38 opinions
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- Eiss v. SummersAppellate Division of the Supreme Court of the State of New York · 1923
- In re CarsonNew York Supreme Court · 1937
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