Gallagher v. Cohen

This proceeding under section 330 of the Election Law to invalidate a petition must be instituted within fourteen days after, the last day to file petitions. It is not disputed that the last day for this purpose was July 20, 1943, the date of the order to show cause. It provided by its terms that service might be effected by mailing a copy thereof on or before July 20, 1943, to the committee to fill vacancies. The question presented is whether the court obtains jurisdiction to entertain the proceeding where the mailing in such ease takes place on July 20, 1943, but the order to show cause is…