Legal Opinion

Tamney v. Atkins

Appellate Division of the Supreme Court of the State of New York

Decided May 8, 1912PublishedCited by 5 opinions

Appeal by the defendant, Eugene Van Wagenen, town clerk, etc., and others, from an order of the Supreme Court, made at the Rensselaer Special Term and entered in the office of the clerk of the county of Ulster on the 23d day of December, 1911, directing the counting of certain ballots upon the question of local option rejected by the board of inspectors as void.

1Opinion of the Court

Houghton, J.:

At the general town meeting of 1911 the electors of the town of New Paltz, Ulster county, upon a proper petition, voted upon the four propositions with respect to the sale of liquor in that town, as permitted by section 13 of the Liquor Tax Law (Consol. Laws, chap. 34 [Laws of 1909, chap. 39], as amd. by Laws of 1910, chap. 485).

The town contains two election districts and the inspectors of election in each of the districts determined that certain of the ballots were void, and refused to count them- upon any of the propositions submitted.

The vote upon the' first two propositions,…

2Cases cited5 opinions

  1. People Ex Rel. Feeny v. . Bd. of CanvassersNew York Court of Appeals · 1898
  2. People ex rel. Henness v. DouglassAppellate Division of the Supreme Court of the State of New York · 1911
  3. People ex rel. Bell v. Board of CanvassersNew York Supreme Court · 1909
  4. People ex rel. Decker v. ParmeleeNew York Supreme Court · 1898
  5. People ex rel. May v. StrangAppellate Division of the Supreme Court of the State of New York · 1910

3Cited by5 opinions

  1. In re BewleyNew York Supreme Court · 1930
  2. Visconti v. PainoNew York Supreme Court · 1987
  3. Farley v. Certain Liquors Seized At Premises in Village of New Paltz, New York County Courts1914
  4. People ex rel. Harrington v. CornishNew York Supreme Court · 1915
  5. Schick v. KaneAppellate Division of the Supreme Court of the State of New York · 1966

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