People Ex Rel. Stone v. Minck
New York Court of Appeals
Action in the nature of quo ivarranto, to try the defendant’s title to the office of trustee of common schools, for the twentieth ward of the city of'New York. Upon the trial, it was conceded, the question turned upon the number of votes received by the relator in the third election district.
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Action in the nature of quo ivarranto, to try the defendant’s title to the office of trustee of common schools, for the twentieth ward of the city of'New York. Upon the trial, it was conceded, the question turned upon the number of votes received by the relator in the third election district. The plaintiff offered in evidence the original statement or return of votes, made by the district canvassers (inspectors of election), and filed in the office of the clerk of the common council, who was a witness, and produced it. On inspection, it appeared that the number of votes originally written,…
1Opinion of the Court
Comstock, Ch. J.
The right to the office in question, depended, at the trial, on the vote of the third election district of the twentieth ward, there being no dispute in regard to all the other districts. In respect to that district, the number of votes given to the plaintiff and defendant, respectively, was proved only by the statement or return of the district canvassers. If this "was properly received in evidence, the plaintiff had a majority of four votes, and was duly elected. We entertain no doubt upon this question. The election laws do not in terms, declare that the return of votes…
2Cited by8 opinions
- Wheat v. SmithSupreme Court of Arkansas · 1887
- People v. Hoats, New York County Courts1980
- People v. McKaneNew York Supreme Court · 1894
- Erickson v. SmithNew York Court of Appeals · 1869
- In re the Estate of DarrowNew York Surrogate's Court · 1909
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