Matter of Callahan
New York Court of Appeals
Appeal from an order of the Appellate Division of the Supreme Court in the second judicial department, entered October 19, 1910, which affirmed an order of Special Term confirming the decision of the secretary of state in overruling objections to a certificate of nomination filed by the Independence League party and nominating Garret J. Garretson, Samuel T. Maddox and Harrington Putnam for the office of justices of the Supreme Court.
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Appeal from an order of the Appellate Division of the Supreme Court in the second judicial department, entered October 19, 1910, which affirmed an order of Special Term confirming the decision of the secretary of state in overruling objections to a certificate of nomination filed by the Independence League party and nominating Garret J. Garretson, Samuel T. Maddox and Harrington Putnam for the office of justices of the Supreme Court. The facts, so far as material, are stated in the dissenting opinion. The Election Law expressly prohibits both the nomination by committee of nominees already…
1Opinion of the Court
While I think the decision of the courts below could well be sustained on the ground of long acquiescence by the public and legislature in the interpretation of section 136 of the Election Law, declared by Mr. Justice BISCHOFF in Matter of Gillespie v.McDonough (39 Misc. Rep. 147), and while I agree in the opinion of my brother GRAY on that question, I wish to place my vote on a broader ground. In my opinion the provisions of section 136 forbidding a committee of any party or independent body authorized either to make nominations or to fill vacancies to nominate a candidate of another party…
2Cases cited6 opinions
- Rathbone v. . WirthNew York Court of Appeals · 1896
- People Ex Rel. Devery v. . ColerNew York Court of Appeals · 1903
- Barker v. PeopleNew York Supreme Court · 1824
- People Ex Rel. Bradley v. . ShawNew York Court of Appeals · 1892
- Dapper v. SmithMichigan Supreme Court · 1904
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3Cited by45 opinions
- Matter of Burr v. . VoorhisNew York Court of Appeals · 1920
- Matter of Hopper v. . BrittNew York Court of Appeals · 1911
- People Ex Rel. Hotchkiss v. . SmithNew York Court of Appeals · 1912
- Stothers v. MartiniSupreme Court of New Jersey · 1951
- Landes v. Town of North HempsteadNew York Court of Appeals · 1967
40 more not listed; retrieve them via the Exa API.