Silvey v. . Lindsay
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the fifth judicial department, entered upon an order made October 22, 1886, which directed judgment in favor of plaintiff upon a case submitted under the Code of Civil Procedure (§ 1279, et seq). (Reported below, 42 Hun, 116.) ■ From the agreed case it appeared that on the 9th day of February, 1886, the plaintiff was, and since 1880, had been an inmate of the Soldiers’ Home, an institution duly incorporated…
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Appeal from judgment of the General Term of the Supreme Court in the fifth judicial department, entered upon an order made October 22, 1886, which directed judgment in favor of plaintiff upon a case submitted under the Code of Civil Procedure (§ 1279, et seq). (Reported below, 42 Hun, 116.) ■ From the agreed case it appeared that on the 9th day of February, 1886, the plaintiff was, and since 1880, had been an inmate of the Soldiers’ Home, an institution duly incorporated (Laws of 1876, Chap. 270), and situated in the fifth election district of the town of Bath, Steuben county. The expenses of…
1Opinion of the CourtDanforth, J.
The plaintiff’s vote was rejected upon the sole ground that he was not a resident of Bath. That he was-by age, sex and citizenship duly qualified to exercise the franchise was not denied, but the defendants after hearing.his oath and his statement under it, decided that he had not been within the meaning of the law for “ thirty days next preceding the election, a resident of the district from which the officers were to be chosen for whom he offered to vote.” The right claimed by him involved this inquiry (Cons. of N. Y., Art. 2, § 1), and as to it (his vote being challenged), he said as…
2Cited by44 opinions
- Wolcott v. HolcombMichigan Supreme Court · 1893
- Palla v. Suffolk County Board of ElectionsNew York Court of Appeals · 1972
- Matter of GoodmanNew York Court of Appeals · 1895
- Seitelman v. LavineNew York Court of Appeals · 1975
- Matter of BarryNew York Court of Appeals · 1900
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