People ex rel. Fiske v. Bantz
Appellate Division of the Supreme Court of the State of New York
Appeal by the relator, Edwin W. Eiske, from an order of the Supreme Court, made at the Westchester Special Term and entered in the office of the clerk of the county of Westchester on the 26th day of December, 1917, denying his application for a peremptory writ of mandamus directing the opening of the ballot box and canvassing the ballots of soldiers, sailors and marines cast in the third election district of the third ward of the city of Mount Vernon, N. Y., on December 18,…
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Appeal by the relator, Edwin W. Eiske, from an order of the Supreme Court, made at the Westchester Special Term and entered in the office of the clerk of the county of Westchester on the 26th day of December, 1917, denying his application for a peremptory writ of mandamus directing the opening of the ballot box and canvassing the ballots of soldiers, sailors and marines cast in the third election district of the third ward of the city of Mount Vernon, N. Y., on December 18, 1917, and directing the above-named inspectors of election to correct the return of the canvass of the aforesaid votes…
1Opinion of the Court
Pee Cubiam:
We agree with the learned justice at Special Term that this relator could not have mandamus in this proceeding. Clerical errors on the return, or made apparent by not agreeing with the tally sheet, may be thus corrected. (Election Law [Consol. Laws, chap. 17; Laws of 1909, chap. 22], § 432, as amd. by Laws of 1913, chap. 821; Matter of Stewart, 155 N. Y. 545.)
But in the present proceeding the courts have not power to open the ballot box and direct a recanvass of the votes so cast. (People ex rel. Brink v. Way, 179 N. Y. 174; People ex rel. March v. Beam, 188 id. 266; Matter of…
2Cases cited4 opinions
- People Ex Rel. Brink v. . WayNew York Court of Appeals · 1904
- Matter of StewartNew York Court of Appeals · 1898
- In re the Election of Member of Assembly for the First DistrictNew York Supreme Court · 1896
- In re TompkinsAppellate Division of the Supreme Court of the State of New York · 1897
3Cited by2 opinions
- People ex rel. McCourt v. WhalenAppellate Division of the Supreme Court of the State of New York · 1920
- Callahan v. DennisNew York Supreme Court · 1955