In re Carp
Appellate Division of the Supreme Court of the State of New York
Application for a writ of certiorari made to the Appellate Division in the first instance. This case was transferred from the Third Department to the Fourth Department. (See 178 App. Div. 946.)
1Dissent
Kruse, P. J. (dissenting):
There was a vacancy in the office of election commissioner in Saratoga county. A Republican was entitled to be appointed. The relator is a Republican and qualified for the office. He had the necessary certificate made by the eh airman of the Republican county committee m due form, and acknowledged, certifying his fitness and recommending his appointment. If the history of this controversy ended here, clearly there could be no reasonable objection to requiring the board of supervisors to pass upon his application, and unquestionably, upon its refusal, the board could…
2Cases cited6 opinions
- People Ex Rel. Schau v. . McWilliamsNew York Court of Appeals · 1906
- Matter of Kane v. . GaynorNew York Court of Appeals · 1911
- People ex rel. Utica Sunday Tribune Co. v. WilliamsAppellate Division of the Supreme Court of the State of New York · 1910
- People Ex Rel. Union and Advertiser Co. v. . StallknechtNew York Court of Appeals · 1907
- People Ex Rel. Utica Sunday Tribune Company v. . WilliamsNew York Court of Appeals · 1910
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