People ex rel. Putzel v. Simonson
New York Supreme Court
Appeal from special term, New York county. Application by Charles Putzel for a mandamus to compel John Simonson and others, inspectors of an election by stockholders, to count certain votes, and amend their certificate of election.
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Appeal from special term, New York county. Application by Charles Putzel for a mandamus to compel John Simonson and others, inspectors of an election by stockholders, to count certain votes, and amend their certificate of election. The application was made on an affidavit setting forth that relator was the-secretary of the United States Cremation Company, Limited; that, pursuant to the by-laws of said company, a meeting of stockholders for the election of directors was held June 30,1891, at which the defendants were inspectors; that the relator held the proxies of certain stockholders, which…
1Per curiam
We do not think that section 15 of chapter 563 of the Laws of 1890 1 justified the granting of a mandamus. The section in question is simply a re-enactment of the provisions of the Revised Statutes, and the relief intended by the section was to establish an election already had, or to set aside that election and order a new one; and the proceeding authorized is summary, and not by mandamus. There is nothing in that section which *119authorizes the court to compel the inspectors of election to count votes which they have heretofore refused to count, although they may have acted erroneously. The…
2Cited by5 opinions
- In re the Petition of Stockholders of Robert Clarke, Inc.Appellate Division of the Supreme Court of the State of New York · 1919
- In re the Election of Directors of the New York & Westchester Town Site Co.Appellate Division of the Supreme Court of the State of New York · 1911
- People ex rel. Wilson v. African Wesleyan Methodist Episcopal ChurchAppellate Division of the Supreme Court of the State of New York · 1913
- In re the Triennial Election of Supreme CouncilAppellate Division of the Supreme Court of the State of New York · 1911
- O'Donnell v. O'NeilAppellate Division of the Supreme Court of the State of New York · 1911