People ex rel. Bailey v. Supervisors of Greene
New York Supreme Court
Motion for a peremptory mandamus. On the 21st of November, 1851, an alternative mandamus was granted, at a special term, directed to Rufus H. King, supervisor of the town of Catsldll, George 8. Nichols, supervisor of the town of Athens, and to the supervisors of the several other towns in the county of Greene, by name, reciting that they, as the board of county canvassers, had illegally and unjustly rejected, in making their canvass, the original statement of the canvass in…
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Motion for a peremptory mandamus. On the 21st of November, 1851, an alternative mandamus was granted, at a special term, directed to Rufus H. King, supervisor of the town of Catsldll, George 8. Nichols, supervisor of the town of Athens, and to the supervisors of the several other towns in the county of Greene, by name, reciting that they, as the board of county canvassers, had illegally and unjustly rejected, in making their canvass, the original statement of the canvass in the third election district of the town of Catskill, and had illegally arid unjustly refused to count and canvass the…
1Opinion of the Court
By the Court,
Harris, J.
By the 30th rule of this court, all non-enumerated motions, except when otherwise directed by law, are to be heard at special term. The alternative mandamus, in this case, ought therefore to have been made returnable at a special term, but as it has been brought here, and no objection has been made, the court, in view of the novelty and *220importance of the question it presents, have thought fit to entertain the application.
The first inquiry which presents itself, in the consideration of the case is, whether, assuming the facts to be as stated by the relator, they furnish…
2Cited by49 opinions
- Lewis v. Comm'rs of Marshall Co.Supreme Court of Kansas · 1876
- People, Ex Rel. Smith v. . SchielleinNew York Court of Appeals · 1884
- Dorsey v. Barry.California Supreme Court · 1864
- People ex rel. Lorillard v. SupervisorsNew York Supreme Court · 1853
- Bowen v. HixonSupreme Court of Missouri · 1870
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