People ex rel. Simons v. Knickerbocker

I dissent. At the general election held November 8, 1927, amongst the vacancies in office to be filled was that of supervisor of the town of Ancram, Columbia county, to which the respondent, Earl Knickerbocker, was declared elected by a majority of two votes over the relator, John Simons. Three ballots are in dispute, the appellant contending that they were void, but having been counted for the respondent, the latter is in the office from which the present quo warranto action seeks to oust him.

The voters were given, by the requisite election authorities, certain ballots for voting, of which…