Legal Opinion

People ex rel. Guersney v. Pierson

New York Supreme Court

Decided July 15, 1901PublishedCited by 2 opinions

Application- for a peremptory writ of mandamus directed to the defendants composing the board of canvassers of the town of Ellisburg, requiring them forthwith to convene as a board of canvassers at the office of the town clerk in the town of Ellisburg and recanvass the votes upon the questions submitted under the Liquor Tax Law at the town meeting held in said town on the 19th day of February, 1901, from the statements of the inspectors of the several election districts as…

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Application- for a peremptory writ of mandamus directed to the defendants composing the board of canvassers of the town of Ellisburg, requiring them forthwith to convene as a board of canvassers at the office of the town clerk in the town of Ellisburg and recanvass the votes upon the questions submitted under the Liquor Tax Law at the town meeting held in said town on the 19th day of February, 1901, from the statements of the inspectors of the several election districts as delivered to them on or about the 20th day of February, 1901, and to reject, throw out and wholly disregard the…

1Opinion of the Court

Andrews, W. S., J.

It seemed to have been assumed upon the argument of this motion that the General Election Law of the State (L. 1896, ch. 909) is applicable to such an election as is here called in question. I doubt if this is so. Sections 18, 58, 63, 85, 86, 81, 111, 113, and perhaps others of this statute refer to, and to some extent regulate or affect town meetings not held on general election days; but such meetings are governed entirely by the Town Law (L. 1890, ch. 569), except in so far as this latter act incorporates into itself the provisions of the former statute. Matter of Larkin,…

2Cases cited1 opinion

  1. Matter of LarkinNew York Court of Appeals · 1900

3Cited by2 opinions

  1. Ward v. KropfNew York Supreme Court · 1910
  2. In re of BertrendNew York Supreme Court · 1903

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