People Ex Rel. March v. . Beam
New York Court of Appeals
Appeal from an order of the Appellate Division of the Supreme Court in the fourth judicial department, entered January 31, 190Y, which affirmed an order of Special Term granting a motion for a peremptory writ of mandamus to compel the defendants to re-assemhle and correct their certificate of canvass of votes cast at the village election. The facts, so far as tpaterial, are stated in the opinion.
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Appeal from an order of the Appellate Division of the Supreme Court in the fourth judicial department, entered January 31, 190Y, which affirmed an order of Special Term granting a motion for a peremptory writ of mandamus to compel the defendants to re-assemhle and correct their certificate of canvass of votes cast at the village election. The facts, so far as tpaterial, are stated in the opinion. The Election Law does not authorize the issuance of a writ of mandamus to compel a recount of ballots. (People ex rel. Brink v. Way, 179 N. Y. 174; Matter of Hearst v. Woelper, 183 N. Y. 274; Matter…
1Opinion of the CourtEdward T. Bartlett, J.
The village of East Rochester, Monroe county, recently incorporated, held its first election of officers on the 13th of Yovember, 1906. At that election there was but one official ballot prepared by the clerk for the use of the electors, upon which appeared the name of the relator, Henry 0. March, as a candidate for president; also the names of two trustees, one for a short term and the other for a long term, a treasurer and a collector. This ballot contained as a party emblem the wood cut of a house; also on the right side, as required by law, a blank column, with spaces for the names of the…
2Cases cited2 opinions
- People Ex Rel. Brink v. . WayNew York Court of Appeals · 1904
- Matter of Hearst v. . WoelperNew York Court of Appeals · 1905
3Cited by11 opinions
- People Ex Rel. Brown v. . FreischNew York Court of Appeals · 1915
- Matter of Smith v. . WenzelNew York Court of Appeals · 1915
- MATTER OF RICE v. PowerNew York Court of Appeals · 1967
- People ex rel. Brown v. FreischAppellate Division of the Supreme Court of the State of New York · 1915
- People ex rel. Cantor v. County Board of CanvassersAppellate Division of the Supreme Court of the State of New York · 1914
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