Southard v. McGann
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
In our opinion the court is without power to cancel the election of candidates for one office in an election in which voting machines were used and in which election candidates for other officers were upon the ballots on the voting machines and voted for in the election. (Matter of Hogan v. Supreme Court, 281 N. Y. 572.) The matters alleged in the petition do not fall within any of the subdivisions of section 330 of the Election Law nor do they, if accepted as true, establish fraud warranting the summary action by the court. The order made is not within the “inherent powers of the court, but…
2Cases cited7 opinions
- Greene v. . KnoxNew York Court of Appeals · 1903
- Matter of Hogan v. Supreme CourtNew York Court of Appeals · 1939
- Matter of Tamney v. . AtkinsNew York Court of Appeals · 1913
- Matter of Holley (Rittenberg)New York Court of Appeals · 1935
- Aurelio v. CohenAppellate Division of the Supreme Court of the State of New York · 1943
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3Cited by10 opinions
- Corrigan v. Board of ElectionsAppellate Division of the Supreme Court of the State of New York · 1972
- Lester v. GrunerNew York Supreme Court · 1953
- Reich v. BoscoNew York Supreme Court · 1959
- Oster v. Village of JordanNew York Supreme Court · 1964
- Periconi v. PowerNew York Supreme Court · 1965
5 more not listed; retrieve them via the Exa API.