Legal Opinion

In re Hearst

New York Supreme Court

Decided November 15, 1905PublishedCited by 3 opinions

Judicial investigation of alleged void and protested "ballots cast in the county of Hew York at the election held on November 1, 1905, made under a writ of mandamus pursuant to section 114 of the Election Law.

1Opinion of the CourtGiegerich, J.

Since so many new counsel are constantly appearing in this proceeding, owing doubtless to the fact that it is protracted through so many days and that late afternoon and evening sessions are held, it may be useful to set forth some of the chief rules which have guided me in my findings on contested ballots and the principles underlying such rules, in order that, as counsel come in, they may, as far as possible, be apprised of the course of the proceedings so far had.

Although the Election Law (Rule 7, § 105), defines a valid voting mark as one straight line crossing another straight line, a…

2Cases cited1 opinion

  1. People Ex Rel. Nichols v. Board of County CanvassersNew York Court of Appeals · 1891

3Cited by3 opinions

  1. Carwile v. JonesMontana Supreme Court · 1909
  2. Peterson v. BillingsMontana Supreme Court · 1939
  3. People ex rel. Lytle v. JohnsonNew York Supreme Court · 1916

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