Legal Opinion

In re Tompkins

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

Decided December 15, 1897PublishedCited by 3 opinions

Appeal by John W. Balluffi from an order of the County Court of Westchester county, made at a Special Term thereof, entered in the office of the clerk of the county of Westchester on the 9th day of July, 1897. Appeal by C. Wesley Tompkins from portions of the aforesaid order, whereby the court refused to count certain ballots for the said appellant.

1Opinion of the Court

Willard Bartlett, J.:

This is the most extraordinary proceeding which we have ever been called upon to review under the existing Election Law. It arises out of a controversy concerning the number of votes cast for C. Wesley Tompkins and John W. Balluffi,-who were rival candi*225dates for the office of overseer of the poor of the town of Cortlandt, in the county of Westchester, at the town election in March, 1897. On the face of the returns Balluffi appeared to have been elected, and he received a certificate of election. Tompkins thereupon presented a petition to the co.unty judge of Westchester…

2Cited by3 opinions

  1. In re Van CottNew York Supreme Court · 1901
  2. People ex rel. Fiske v. BantzAppellate Division of the Supreme Court of the State of New York · 1918
  3. In re HaydenNew York Supreme Court · 1898

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