Matter of Burke v. . Terry
New York Court of Appeals
Appeal from an order of the Appellate Division of the Supreme Court in the second judicial department, entered October 31, 1911, which affirmed an order of Special Term declaring the certificate of the independent nomination of Edmund R. Terry as candidate for member of assembly from the first assembly district in the county of Kings to be insufficient and invalid and enjoining and restraining the board of elections of the city of New York from having printed the name of the…
Read the full summary
Appeal from an order of the Appellate Division of the Supreme Court in the second judicial department, entered October 31, 1911, which affirmed an order of Special Term declaring the certificate of the independent nomination of Edmund R. Terry as candidate for member of assembly from the first assembly district in the county of Kings to be insufficient and invalid and enjoining and restraining the board of elections of the city of New York from having printed the name of the said Edmund R. Terry as such candidate upon the official ballot.
1Opinion of the CourtWillard Bartlett, J.
Section 1 of article 1 of the Constitution of the state of New York provides as follows: “No member of this State shall be disfranchised, or deprived of any of the rights or privileges secured to any citizen thereof, unless by the law of the land, or the judgment of his peers.”
It is contended on the present appeal that this prohibition of the Constitution has been violated by the action of the board of elections of the city of New York in denying to certain citizens the right to participate effectively in nominating Edmund R. Terry as an independent candidate for member of assembly from the…
2Cases cited1 opinion
- Matter of Hopper v. . BrittNew York Court of Appeals · 1911
3Cited by28 opinions
- People Ex Rel. Hotchkiss v. . SmithNew York Court of Appeals · 1912
- Lefkowitz v. CohenAppellate Division of the Supreme Court of the State of New York · 1941
- Matter of Hopper v. . BrittNew York Court of Appeals · 1912
- Munsell v. HenneganCourt of Appeals of Maryland · 1943
- Goldstein v. RockefellerNew York Supreme Court · 1965
23 more not listed; retrieve them via the Exa API.