People ex rel. Spire v. General Committee of Republican Party
Appellate Division of the Supreme Court of the State of New York
Appeal from special term, Erie county. Application for mandamus by the people, on the relation of Leonard S. Spire, against the general committee of the Republican party, known as the Republican Organization of Erie County. From an order denying the writ, • relator appeals.
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Appeal from special term, Erie county. Application for mandamus by the people, on the relation of Leonard S. Spire, against the general committee of the Republican party, known as the Republican Organization of Erie County. From an order denying the writ, • relator appeals. The defendant is the political organization in the county of Erie of one of the two principal parties of this state, and as such it has duly adopted certain rules and by-laws for its government, and presumably for the furtherance of the principles of the political party which it represents. During the summer of 1897 the…
1Opinion of the CourtHardin, P. J.
This court held in Re Cuddeback, 3 App. Div. 103, 39 N. Y. Supp. 388, viz.:
“An appeal will not always be dismissed because the question is no longer a practical one. Notwithstanding the tact that an election has been held, and a decision of the question involved cannot affect the result of that election, yet, where the point at issue is one of public interest, affecting the rights of all the electors of the state, the courts will determine it.”
Following the doctrine there laid down, it seems that we ought not, in this case, to dismiss the appeal, because the question here involved is as much…
2Cases cited2 opinions
- In re CuddebackAppellate Division of the Supreme Court of the State of New York · 1896
- Cotheal v. . BrouwerNew York Court of Appeals · 1851
3Cited by8 opinions
- State ex. rel. Dakota Trust Co. v. StutsmanNorth Dakota Supreme Court · 1912
- United States v. A. Bentley & Sons Co.District Court, S.D. Ohio · 1923
- O'Hare v. Peacock Dairies, Inc.California Court of Appeal · 1938
- Winter v. Playa Del Sol, Inc.District Court of Appeal of Florida · 1977
- American Life Ins. v. FergusonOregon Supreme Court · 1913
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