Legal Opinion

People Ex Rel. Deitz v. . Hogan

New York Court of Appeals

Decided February 25, 1915PublishedCited by 15 opinions

Appeal by the relator, Karl S. Deitz, from an order of the Appellate Division of the Supreme Court in the second judicial department, entered on the 17th day of December, 1914, reversing an order of the Supreme Court in Kings county which directed the issuance of a peremptory writ of mandamus requiring the board of county canvassers to open the envelopes containing void and protested ballots cast at the general election held in November, 1914, in the fifty-second aldermanic…

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Appeal by the relator, Karl S. Deitz, from an order of the Appellate Division of the Supreme Court in the second judicial department, entered on the 17th day of December, 1914, reversing an order of the Supreme Court in Kings county which directed the issuance of a peremptory writ of mandamus requiring the board of county canvassers to open the envelopes containing void and protested ballots cast at the general election held in November, 1914, in the fifty-second aldermanic district of the city of New York and to canvass and return the votes that were cast for the said relator for the office…

1Opinion of the Court

Willard Bartlett, Ch. J.

In January, 1914, a vacancy occurred in the office of alderman for the fifty-first aldermanic district of the city of New York by reason of the resignation of the incumbent whose term would have expired on December 31, 1915.

In J une, 1914, a vacancy occurred in the office of aider-man for the fifty-second aldermanic district by reason of the death of the incumbent whose term would likewise have expired on the last day of the following year.

The board of aldermen, acting under section 18 of the Greater New York charter (Laws of 1901, ch. 466), elected August Ferrand…

2Cases cited5 opinions

  1. People, Ex Rel. Woods v. . CrisseyNew York Court of Appeals · 1883
  2. People Ex Rel. Goring v. President & Board of TrusteesNew York Court of Appeals · 1895
  3. Long v. . Mayor, Etc., of City of New YorkNew York Court of Appeals · 1880
  4. People Ex Rel. Hatfield v. . ComstockNew York Court of Appeals · 1879
  5. People Ex Rel. Ward v. . ScheuNew York Court of Appeals · 1901

3Cited by15 opinions

  1. Lane v. JohnsonNew York Court of Appeals · 1940
  2. Matter of Mitchell v. . BoyleNew York Court of Appeals · 1916
  3. D'Addario v. McNabNew York Supreme Court · 1973
  4. Needleman v. VoorhisNew York Court of Appeals · 1930
  5. Ross v. CohenNew York Supreme Court · 1940

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