In re Objections to the Certificate of Nomination for Member of Assembly of the Second Assembly District
Appellate Division of the Supreme Court of the State of New York
Appeal by Richard S. Emmet, Jr., from an order of the Supreme Court, made at the Westchester Special Term and entered in the office of the clerk of the county of Westchester on the 19th day of October, 1896, which reversed the decision of the county clerk of Westchester county, which determined that Richard S. Emmet, Jr., was the regular Republican nominee for member of Assembly in the second Assembly district of Westchester county, and which directed the said county clerk…
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Appeal by Richard S. Emmet, Jr., from an order of the Supreme Court, made at the Westchester Special Term and entered in the office of the clerk of the county of Westchester on the 19th day of October, 1896, which reversed the decision of the county clerk of Westchester county, which determined that Richard S. Emmet, Jr., was the regular Republican nominee for member of Assembly in the second Assembly district of Westchester county, and which directed the said county clerk to place the name of Joseph E. Ennis upon the official ballot in the column of the Republican party, for said office of…
1Dissent
Hatch, J. (dissenting):
The order appealed from was made by the court below on the 17th day of October, 1896.- The direction by the learned judge who. granted it was in the following words:. “ The county clerk of Westchester county is directed to file the foregoing order immediately *239upon the presentation thereof to him.” In the usual corpse of judicial procedure, the party obtaining an order favorable to his contention enters the same, and the party affected thereby may usually rely upon his so doing. The case presented necessity for expedition, as the time in which the rights . of the parties…
2Cases cited7 opinions
- People Ex Rel. Hirsh v. . WoodNew York Court of Appeals · 1895
- People Ex Rel. Twenty-Third Street Railroad v. Commissioners of TaxesNew York Court of Appeals · 1884
- In re CuddebackAppellate Division of the Supreme Court of the State of New York · 1896
- In re RedmondNew York Supreme Court · 1893
- Matter of MaddenNew York Court of Appeals · 1895
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