People Ex Rel. Daley v. . Rice
New York Court of Appeals
Appeal from order of the General Term of the Supreme Court in the third judicial department, made December 7, 1891, which affirmed an order of Special Term, of the body of which the following is a copy: “ It is ordered that a writ of peremptory mandamus issue out of and under the seal of this court, commanding and requiring the said state board of canvassers that they issue a certificate of election to the office of senator in the fifteenth senatorial district of this state,…
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Appeal from order of the General Term of the Supreme Court in the third judicial department, made December 7, 1891, which affirmed an order of Special Term, of the body of which the following is a copy: “ It is ordered that a writ of peremptory mandamus issue out of and under the seal of this court, commanding and requiring the said state board of canvassers that they issue a certificate of election to the office of senator in the fifteenth senatorial district of this state, disregarding the so-called return of the board of county canvassers of the county of Dutchess, which is signed by John…
1Opinion of the CourtPeckham, J.
We are of the opinion that the relators had a sufficient interest in the matter before us to make the applica tion (Mr. Deane himself being dead), if it had been made to the General Term as the proper tribunal. It is a matter in which the public has an interest, quite as great, perhaps, as the individual, and in such' event any citizen has the right to invoke the aid of the court to compel the performance by a public officer of a public duty. It is alleged in the moving papers in this case that the paper on file in the secretary of state’s office, purporting to be a certificate of the county…
2Cited by25 opinions
- Matter of McCabe v. VoorhisNew York Court of Appeals · 1926
- Stearns v. State Ex Rel. BiggersSupreme Court of Oklahoma · 1909
- Kornbluth v. RiceAppellate Division of the Supreme Court of the State of New York · 1937
- Ahern v. Board of SupervisorsAppellate Division of the Supreme Court of the State of New York · 1959
- Dillon v. RobertsNew York Supreme Court · 1948
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