People Ex Rel. Feeny v. . Bd. of Canvassers
New York Court of Appeals
Appeal from an order of the Appellate Division of the Supreme Court in the second judicial department, entered December 29, 1897, modifying and, as modified, affirming an order of Special Term awarding a peremptory writ of mandamus directed to the board of county canvassers of Richmond county commanding them to exclude certain ballots and to include certain other ballots, in ascertaining the votes legally cast for George Cromwell and John L. Feeny, opposing candidates for…
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Appeal from an order of the Appellate Division of the Supreme Court in the second judicial department, entered December 29, 1897, modifying and, as modified, affirming an order of Special Term awarding a peremptory writ of mandamus directed to the board of county canvassers of Richmond county commanding them to exclude certain ballots and to include certain other ballots, in ascertaining the votes legally cast for George Cromwell and John L. Feeny, opposing candidates for the office of president of the borough of Richmond, at the charter election in the city of ¡New York ¡November 2, 1897.…
1Opinion of the Court
I have reached the conclusion that we cannot escape the onerous task of examining the ballots, which are in dispute in this proceeding. It might well have been spared to this court by express enactment in the Election Law; but without such we would not be warranted in refusing to assume jurisdiction. I am unable to say that questions of law are not presented by this appeal. Entertaining that view, I have addressed myself to the examination of the ballots in dispute and, classifying them, as nearly as may be, according to the objections made to them, I shall, specifically and briefly, state my…
2Cited by36 opinions
- People Ex Rel. Bledsoe v. CampbellCalifornia Supreme Court · 1902
- People v. PollenzNew York Court of Appeals · 1986
- McNally v. Wayne County CanvassersMichigan Supreme Court · 1946
- Patterson v. HanleyCalifornia Supreme Court · 1902
- Mullen v. HeffernanNew York Supreme Court · 1948
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