Matter of Smith v. . Wenzel
New York Court of Appeals
Appeal from an order of the Appellate Dvision of the Supreme Court in the fourth judicial department, entered December 9, 1915, which affirmed an order of Special Term granting a motion for a peremptory writ of mandamus to compel the inspectors of election to make a corrected return and the board of canvassers of Oneida county to recanvass the vote for mayor of the city of Utica in the second election district of the second ward of said city.
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Appeal from an order of the Appellate Dvision of the Supreme Court in the fourth judicial department, entered December 9, 1915, which affirmed an order of Special Term granting a motion for a peremptory writ of mandamus to compel the inspectors of election to make a corrected return and the board of canvassers of Oneida county to recanvass the vote for mayor of the city of Utica in the second election district of the second ward of said city. The fact, so far as material, are stated in the opinion. That part of the final order directing the issue of a writ of mandamus commanding the…
1Opinion of the CourtPound, J.
At the election held in the city of Utica on November 2, 1915, voting machines were used. Appellant and respondent were candidates for mayor. In the second election district of the second ward, as indicated by the voting machine, at the close of the polls, 447 electors voted. Of these 425 voted for mayor. Appellant received 137 votes, respondent received 281 votes, other candidates received 7 votes. These facts are undisputed. On the official returns appellant was, by mistake in reading the machine, given 182 votes. As a result, on the face of the returns he appears tó be elected by a…
2Cases cited6 opinions
- Matter of Tamney v. . AtkinsNew York Court of Appeals · 1913
- People Ex Rel. Brink v. . WayNew York Court of Appeals · 1904
- Matter of Hearst v. . WoelperNew York Court of Appeals · 1905
- People Ex Rel. Brown v. . FreischNew York Court of Appeals · 1915
- People Ex Rel. March v. . BeamNew York Court of Appeals · 1907
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3Cited by12 opinions
- In re CarsonNew York Supreme Court · 1937
- Ginsberg v. HeffernanNew York Supreme Court · 1945
- In re BarrettAppellate Division of the Supreme Court of the State of New York · 1924
- Bonacker v. ClarkAppellate Division of the Supreme Court of the State of New York · 1938
- State Ex Rel. Doyle v. Superior CourtWashington Supreme Court · 1926
7 more not listed; retrieve them via the Exa API.