Matter of Madden
New York Court of Appeals
■ Appeal from order of the General Term of the Supreme Court in the second judicial department, made December 2, 1895, which affirmed an order of Special Term denying a motion for a writ of peremptory mandamus. The facts, so far as material, are stated in-the opinion. The court below erred in denying the appellant’s motion to compel the cleric to comply with the mandate of the law. (Laws of 1895, chap. 810, §§ 56, 58, 60, 81; Fernbacher v. Roosevelt, 14 Misc.
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■ Appeal from order of the General Term of the Supreme Court in the second judicial department, made December 2, 1895, which affirmed an order of Special Term denying a motion for a writ of peremptory mandamus. The facts, so far as material, are stated in-the opinion. The court below erred in denying the appellant’s motion to compel the cleric to comply with the mandate of the law. (Laws of 1895, chap. 810, §§ 56, 58, 60, 81; Fernbacher v. Roosevelt, 14 Misc. Rep. 199.) In exercising the right to regulate the exercise of the elective franchise, it is incumbent upon the legislature to use its…
1Opinion of the Court
Andrews, Ch. J.
The question on the merits in this case relates to the duty of the county clerk of a county, under the Election Law, in making up and printing official ballots to be used at a general election. The facts upon which the question depends are not controverted. For several years prior to 1895 a party known as “ the Regular Democratic Party of Queens County ” had nominated and supported at the polls candidates for county and local offices other than those ' nominated by the Democratic party, with which in all other respects-it was in affiliation. Its members were Democrats in…
2Cited by17 opinions
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- In Re Objections to the Certificate of Nomination of FairchildNew York Court of Appeals · 1897
- State Ex Rel. Yakima Amusement Co. v. Yakima CountyWashington Supreme Court · 1937
- Johnston v. IngHawaii Supreme Court · 1968
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