People ex rel. Ranton v. Doyle
New York Supreme Court
Appeal from special term, Oneida county. Application by William J. Ranton for a writ of mandamus. An order was granted authorizing an alternative writ, directing a return to the inspectors of election of the Fourth district of the First ward of the city of Syracuse of “the return and certificate of the result of the election in said district, held in said First ward of the city of Syracuse on the 29th day of January, 1895, which said return and certificate was filed with the…
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Appeal from special term, Oneida county. Application by William J. Ranton for a writ of mandamus. An order was granted authorizing an alternative writ, directing a return to the inspectors of election of the Fourth district of the First ward of the city of Syracuse of “the return and certificate of the result of the election in said district, held in said First ward of the city of Syracuse on the 29th day of January, 1895, which said return and certificate was filed with the said city clerk of said city of Syracuse on January 30, 1895, for further action thereon by said board of inspectors of…
1Opinion of the CourtHardin, P. J.
In People v. Bell, 119 N. Y. 175, 23 N. E. 533, it was held that inspectors of election are ministerial officers. In People v. Deverman, 83 Hun, 181, 31 N. Y. Supp. 593, it was held that the granting of an alternative writ of mandamus is so much a matter of discretion that it is not the subject of review upon appeal. Following the case last cited, we think that the appeal from the order, so far as it directs the issue of an alternative writ of mandamus, should be dismissed.
2. The defendant James Doyle also appeals from the order made on the 18th of February, 1895, denying a motion made for an…
2Cases cited4 opinions
- People Ex Rel. Nichols v. Board of County CanvassersNew York Court of Appeals · 1891
- People Ex Rel. Stapleton v. . BellNew York Court of Appeals · 1889
- People ex rel. Fiske v. DevermannNew York Supreme Court · 1894
- People Ex Rel. Munro v. Board of County CanvassersNew York Court of Appeals · 1891
3Cited by2 opinions
- People ex rel. Levenson v. O'DonnelAppellate Division of the Supreme Court of the State of New York · 1904
- People ex rel. Brink v. WayAppellate Division of the Supreme Court of the State of New York · 1904