People ex rel. Thorn v. Pangburn
The Superior Court of New York City
Proceeding in the nature of a quo warranta by Oscar Thorn against Jeremiah Pangburn, Jr. Judgment for relator. The action is in the nature of a quo warranta, instituted by the attorney-general on behalf of the people of the state, to try the title to the office of secretary of the Retail Goal Exchange of the City of New York, a domestic corporation doing business in said city.
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Proceeding in the nature of a quo warranta by Oscar Thorn against Jeremiah Pangburn, Jr. Judgment for relator. The action is in the nature of a quo warranta, instituted by the attorney-general on behalf of the people of the state, to try the title to the office of secretary of the Retail Goal Exchange of the City of New York, a domestic corporation doing business in said city. Oscar Thorn, the claimant of the office, is joined as relator, and Jeremiah Pangburn, Jr., the incumbent of the office, is made defendant on the allegation that since December 21, 1894, he has usurped the office, and…
1Opinion of the CourtMcAdam, J.
As to the legal effect of a ballot containing two names for one office, there is an apparent confusion in the books, which, however, on examination, is readily cleared up. Paine, in his work on Elections (section 554), says:
“ Suppose three persons to be voted for, when only two can be elected. What is the choice of the elector in such a case ? It is manifestly impossible to determine. Insertion in the ballot of a single name more than ought to be on it renders it as uncertain as though twenty were inserted. The result is that such a ballot is void for uncertainty. It fails to express the…
2Cases cited13 opinions
- The People v. . CookNew York Court of Appeals · 1853
- Harper v. . the Albany Mutual Insurance CompanyNew York Court of Appeals · 1858
- People, ex rel. Eastman v. SeamanNew York Supreme Court · 1848
- Attorney-General ex rel. Carpenter v. ElyWisconsin Supreme Court · 1856
- Newton v. NewellSupreme Court of Minnesota · 1880
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