People Ex Rel. White v. Board of Aldermen
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the fourth judicial department, entered June 14, 1898, affirming an order made by Air.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the fourth judicial department, entered June 14, 1898, affirming an order made by Air. Justice Lambert at the Erie Special Term, in a hearing upon an alternative writ of mandamus, determining that eight certain ballots cast at the general election in the third district of the first ward of the city of Buffalo in November, 1897, were marked for the purpose of identification, and directing that a peremptory writ of mandamus issue to the inspectors of election of such district, commanding them to convene and make a new…
1Opinion of the CourtBartlett, J.
We have a state of facts presented upon this appeal rather unusual in character.
A writ of alternative mandamus was applied for upon the allegation that in the third election district of the first ward of the city of Buffalo, at the election in November, 1897, eight ballots were marked for the purpose of identification, and that they were duly indorsed, counted and placed in an envelope as required by the Election Law. (§ 110, subd. 3.)
After a hearing upon the alternative writ the Special Term decided that these eight ballots were marked for the purpose' of identification and consequently void.
2Cited by3 opinions
- Lester v. GrunerNew York Supreme Court · 1953
- In re FallonAppellate Division of the Supreme Court of the State of New York · 1909
- People ex rel. Brink v. WayAppellate Division of the Supreme Court of the State of New York · 1904