People ex rel. Perry v. Board of Canvassers of Sullivan County
Appellate Division of the Supreme Court of the State of New York
Cross-appeals by the relator, Jesse L. Perry, and by the defendants, The Board of Canvassers of Sullivan County and another, from an order of the Supreme Court, made at the Sullivan Special Term and entered in the office of the clerk of the county of Sullivan on the oth day of December, 1902, directing the issuance of a peremptory writ of mandamus commanding The Board of Canvassers of Sullivan County to count, recount or exclude certain ballots cast for the office of school…
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Cross-appeals by the relator, Jesse L. Perry, and by the defendants, The Board of Canvassers of Sullivan County and another, from an order of the Supreme Court, made at the Sullivan Special Term and entered in the office of the clerk of the county of Sullivan on the oth day of December, 1902, directing the issuance of a peremptory writ of mandamus commanding The Board of Canvassers of Sullivan County to count, recount or exclude certain ballots cast for the office of school commissioner, first commissioner district of said county.
1Opinion of the Court
Chase, J.:
The petitioner and one Hall were rival candidates for school commissioner in the first commissioner’s district, in the county of Sullivan at the general election for 1902. This appeal arises from a controversy relating to ballots alleged to have been protested as marked for identification and ballots alleged to have been rejected . by the inspectors as void.
Section 111 of the Election Law (Laws of 1896," chap. 909) provides as follows: “ Upon the completion of the canvass, the board cf inspectors of election shall make and sign an original statement thereof showing the kind Of…
2Cases cited4 opinions
- People Ex Rel. Corrigan v. . the Mayor, Etc.New York Court of Appeals · 1896
- People Ex Rel. Feeny v. . Bd. of CanvassersNew York Court of Appeals · 1898
- People ex rel. Maxim v. WardAppellate Division of the Supreme Court of the State of New York · 1901
- In re the Application of StilesAppellate Division of the Supreme Court of the State of New York · 1902
3Cited by4 opinions
- Matter of Whitman. No. 1New York Court of Appeals · 1918
- People ex rel. Brown v. FreischAppellate Division of the Supreme Court of the State of New York · 1915
- Cooper v. ParisNew York Supreme Court · 1911
- People ex rel. Brink v. WayAppellate Division of the Supreme Court of the State of New York · 1904