Matter of Thomas
New York Court of Appeals
Appeal from an order of the Appellate Division of the Supreme Court in the fourth judicial department, entered December 11, 1915, which affirmed an order of Special Term denying a motion to vacate an ex parte order for the opening of certain voting machines in the city of Utica. The facts, so far as material, are stated in the opinion. There is no analogy or similarity between section 374 of the Election Law and the provisions relating to voting machines.
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Appeal from an order of the Appellate Division of the Supreme Court in the fourth judicial department, entered December 11, 1915, which affirmed an order of Special Term denying a motion to vacate an ex parte order for the opening of certain voting machines in the city of Utica. The facts, so far as material, are stated in the opinion. There is no analogy or similarity between section 374 of the Election Law and the provisions relating to voting machines. (People v. Way, 179 N. Y. 179; Matter of Hearst v. Woelper, 183 N. Y. 274; L. 1913, ch. 821; Tallman v. S., etc., R. R. Co., 4 Abb. Ct.…
1Opinion of the Court
Willard Bartlett, Ch. J.
On the 26th day of November, 1915, at a Special Term held in Syracuse, Mr. Justice Ross presiding, an order was made ex parte, at the instance of John Gr. Thomas, one of the candidates for the office of mayor at the last general election in the city of Utica, that the petitioner might examine every one of the thirty-nine voting machines used in the city of Utica at the said election, except the machine used in the second district of the second ward, and the record of the votes cast at such election as shown by the counters thereof. There were further provisions in the…
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