In re Garvey
New York Supreme Court
Appeal from special term, Hew York county. Application by Peter J. Garvey to strike from the list of registry of voters of the Second election district of the Thirteenth assembly district in the city of Hew York the names of Henry Meiser, John Neilson Barry, George Gunnell, Jr., and Thomas Henry Yardley. The application was granted, and Meiser, Barry, Gunnell, and Yardley appeal. Affirmed.
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Appeal from special term, Hew York county. Application by Peter J. Garvey to strike from the list of registry of voters of the Second election district of the Thirteenth assembly district in the city of Hew York the names of Henry Meiser, John Neilson Barry, George Gunnell, Jr., and Thomas Henry Yardley. The application was granted, and Meiser, Barry, Gunnell, and Yardley appeal. Affirmed. The facts are stated by Mr. Justice FOLLETT, as follows: Henry Meiser is 27 years of age, and was born at Wappinger’s Falls, N. Y., where he resided with his parents until he reached the age of 14, when he…
1Dissent
FOLLETT, J. (dissenting).
The solution of the question involved litigation depends on the construction of the first and third sections of article 2 of the constitution of this state, as they stood prior to the constitution adopted at the general election in 1894:
“Section 1. Every male citizen of the age of twenty-one years who shall have been a citizen for ten days and an inhabitant of this state one year next preceding an election and for the last four months a resident of the county and for the last thirty days a resident of the election district in which he may offer- his vote, shall be…
2Cases cited9 opinions
- Silvey v. . LindsayNew York Court of Appeals · 1887
- Pedigo v. GrimesIndiana Supreme Court · 1887
- Putnam v. JohnsonMassachusetts Supreme Judicial Court · 1813
- Wood v. FitzgeraldOregon Supreme Court · 1870
- In re WardNew York Supreme Court · 1892
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