Hogan v. Supreme Court

Schenck, J. (dissenting).

This is an application under article 78 of the Civil Practice Act for a restraining order in the nature of a writ of prohibition.

At the general election held November 7, 1939, petitioner Prank J. Hogan, as the Democratic candidate for mayor of the city of Troy, was registered on the voting machine of the second district of the eighth ward of that city as having received 471 votes against 11 for respondent John J. Ahern, the Republican candidate, and 15 for Christopher J. Gilhooley, running on the American Labor party ticket. Inspection of the voting machine made one…