In re Social Democratic Party
Appellate Division of the Supreme Court of the State of New York
Appeal from Special Term, Albany County. In the matter of objections to the original certificate of nomination by the Social Democratic Party, so called, of candidates for presidential electors and for governor and other state officers, to be voted for at the election to be held on November 8,1904. Appeal by John S. McEwan from an order made at Special Term under Election Law, Laws 1896, c. 909, p. 922, § 56, dismissing his appeal from the decision of the Secretary of State.
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Appeal from Special Term, Albany County. In the matter of objections to the original certificate of nomination by the Social Democratic Party, so called, of candidates for presidential electors and for governor and other state officers, to be voted for at the election to be held on November 8,1904. Appeal by John S. McEwan from an order made at Special Term under Election Law, Laws 1896, c. 909, p. 922, § 56, dismissing his appeal from the decision of the Secretary of State. Affirmed.
1Opinion of the CourtSmith, J.
By section 56 of the election law (chapter 909, p. 922, Laws 1896) it is provided, in substance, that no political party has the right to assume a name “the same or substantially the same” as that of a party with the right to its use established. By section 65 of that law a written objection may be filed to the use of a name which is claimed to be in violation of this rule. Such an objection *1025was duly filed by this appellant to the use of the name the “Social Democratic Party,” as being so similar to the name the “Democratic Party” as that its use was unauthorized within the statute. Section…
2Cases cited1 opinion
- In re Complaint of GreeneAppellate Division of the Supreme Court of the State of New York · 1896
3Cited by2 opinions
- Partridge v. DevotoCalifornia Supreme Court · 1905
- State ex rel. Spofford v. GiffordIdaho Supreme Court · 1912