Legal Opinion

People ex rel. Colne v. Smith

Appellate Division of the Supreme Court of the State of New York

Decided May 29, 1919PublishedCited by 15 opinions

Certiorari issued out of the Supreme Court and attested on the 21st day of June, 1918, directed to Alfred E. Smith and others, composing the board of aldermen of the city of New York, commanding them to certify and return to the office of the clerk of the county of Kings all and singular their proceedings had in the matter of the contest of John L. Dempsey against the election of William W. Colne as a member of the board of aldermen for the forty-sixth alder-manic district…

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Certiorari issued out of the Supreme Court and attested on the 21st day of June, 1918, directed to Alfred E. Smith and others, composing the board of aldermen of the city of New York, commanding them to certify and return to the office of the clerk of the county of Kings all and singular their proceedings had in the matter of the contest of John L. Dempsey against the election of William W. Colne as a member of the board of aldermen for the forty-sixth alder-manic district at the general election held on the 6th day of November,, 1917. The board of aldermen unseated the relator and seated the…

1Opinion of the Court

Laughlin, J.:

The certified statements of the returns made by the inspectors of election were duly filed and were canvassed by the board of aldermen acting as the board of canvassers. It was found that the relator, who was the Republican candidate, received 4,206 votes and the respondent, who was the Democratic candidate, received 4,205 votes. A certificate of election was accordingly issued to the relator who duly qualified. The board of aldermen met on the 7th day of January, 1918, and at that time it received a formal notice of contest from Dempsey, specifying the grounds upon which he…

2Cases cited10 opinions

  1. People Ex Rel. Feeny v. . Bd. of CanvassersNew York Court of Appeals · 1898
  2. In re GarvinAppellate Division of the Supreme Court of the State of New York · 1915
  3. Matter of FallonNew York Court of Appeals · 1910
  4. People ex. rel. Karns v. PorterAppellate Division of the Supreme Court of the State of New York · 1917
  5. People ex rel. Wells v. CollinAppellate Division of the Supreme Court of the State of New York · 1897

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3Cited by15 opinions

  1. Bennett v. Board of ElectionsNew York Supreme Court · 1957
  2. Devine v. OsmannNew York Supreme Court · 1937
  3. In re GabelmannNew York Supreme Court · 1930
  4. In re WinchesterNew York Supreme Court · 1924
  5. Jeffery v. Trustees of Village of Clinton, New York County Courts1960

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