People Ex Rel. Carter v. . Rice
New York Court of Appeals
Appeal in th'e first above-entitled proceeding from order of the General Term of the Supreme Court in the third judicial department, made September 22,1892, which denied an application for a mandamus, requiring the secretary of state, to issue election notices under the Apportionment law of 1879 (Chap. 208), and enjoining him from filing election returns under the Apportionment Act of 1892 (Chap. 397), or performing any act thereunder.
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Appeal in th'e first above-entitled proceeding from order of the General Term of the Supreme Court in the third judicial department, made September 22,1892, which denied an application for a mandamus, requiring the secretary of state, to issue election notices under the Apportionment law of 1879 (Chap. 208), and enjoining him from filing election returns under the Apportionment Act of 1892 (Chap. 397), or performing any act thereunder. Appeal in the second above-entitled proceeding from order of the General Term of the Supreme Court in the fifth judicial department, made September 13,1892,…
1Opinion of the CourtPeckham, J.
All these proceedings have for them object the decision of the question as to the validity of the Apportion ment Act of 1892. The boards of supervisors of the counties of Monroe and Oneida are the only boards in the state which have refused to make a division of their counties into assembly districts for the purpose of carrying out the provisions of the act of 1892.
The secretary of state has issued and delivered to the clerk of Oneida county an election notice in which provision is made for the election of but two members of assembly therein, and the supervisors claim the right of the…
2Cases cited2 opinions
- Brown v. . ClarkNew York Court of Appeals · 1879
- Rumsey v. . the PeopleNew York Court of Appeals · 1859
3Cited by94 opinions
- Matter of Sherrill v. . O'BrienNew York Court of Appeals · 1907
- Jones v. FreemanSupreme Court of Oklahoma · 1943
- Matter of FayNew York Court of Appeals · 1943
- People ex rel. Woodyatt v. ThompsonIllinois Supreme Court · 1895
- Denney v. State ex rel. BaslerIndiana Supreme Court · 1896
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