Halloran v. Carter
New York Supreme Court
Appeals from special term, Ulster county. Two appeals,—in the first case, from an order of injunction granted by the special term forbidding the defendant Carter from taking his seat as a member of the common council of the city of Kingston, and forbidding the common council from taking any action for that purpose or recognizing him; in the second case, from an order awarding a writ of peremptory mandamus commanding the common council to declare the plaintiff and relator,…
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Appeals from special term, Ulster county. Two appeals,—in the first case, from an order of injunction granted by the special term forbidding the defendant Carter from taking his seat as a member of the common council of the city of Kingston, and forbidding the common council from taking any action for that purpose or recognizing him; in the second case, from an order awarding a writ of peremptory mandamus commanding the common council to declare the plaintiff and relator, Daniel Hallo-ran, elected alderman, and to recognize him as a member of said common council. In the first case, no…
1Opinion of the CourtLandon, J.
At the charter election held in and for the city of Kingston on the 4th of March, 1890, Daniel Halloran and Enoch Carter were competing candidates in the Fourth ward for election to the office of alderman. That ward constituted one election district. The charter (chapter 150, Laws 1872, § 10) provides that the polls of the election shall close at 5 o’clock in the after*215noon, and then “the inspectors shall forthwith, without adjourning, canvass the votes received by them, and certify and declare the result, stating the number of votes given for each person for each office, and shall file such…
2Cases cited7 opinions
- The People v. . CookNew York Court of Appeals · 1853
- People Ex Rel. Francis v. . Common CouncilNew York Court of Appeals · 1879
- People Ex Rel. Hatzel v. . HallNew York Court of Appeals · 1880
- The People Ex Rel. Millard v. . ChapinNew York Court of Appeals · 1887
- Hadley v. . MayorNew York Court of Appeals · 1865
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