Legal Opinion

In re McGrath

Appellate Division of the Supreme Court of the State of New York

Decided October 21, 1919PublishedCited by 9 opinions

Appeal by the petitioner, Patrick J. McGrath, from an order of the Supreme Court, made at the New York Special Term and entered in the office of the clerk of the county of New York on the 15th day of October, 1919, denying his application for an order directing the board of elections of the city of New York to cause his name to be printed on the official ballot as a candidate of the Home Rule party for the office of justice of the Municipal Court of the City of New York,…

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Appeal by the petitioner, Patrick J. McGrath, from an order of the Supreme Court, made at the New York Special Term and entered in the office of the clerk of the county of New York on the 15th day of October, 1919, denying his application for an order directing the board of elections of the city of New York to cause his name to be printed on the official ballot as a candidate of the Home Rule party for the office of justice of the Municipal Court of the City of New York, Borough of Manhattan, Sixth District, at the general election to be held on the 4th day of November, 1919.

1Opinion of the Court

Laughlin, J.:

The application for an order directing the board of elections to print the name of Patrick J. McGrath on the official ballot as the candidate of the Home Rule party for justice of the Municipal Court was presented on an order to show cause, based on an affidavit made by him and on two letters from the board of elections annexed thereto. So far as material to the points presented for decision, the affidavit shows that on the 11th day of September, 1919, a certificate of independent nomination of the Home Rule League, nominating the affiant for said office, “was duly filed” with…

2Cases cited6 opinions

  1. In re Objections to Independent Nomination of StoddardAppellate Division of the Supreme Court of the State of New York · 1913
  2. Matter of Greenwald v. . BoyleNew York Court of Appeals · 1917
  3. Greenwald v. BoyleAppellate Division of the Supreme Court of the State of New York · 1917
  4. In re CowieNew York Supreme Court · 1890
  5. People of New York ex rel. Tuers v. DoolingNew York Supreme Court · 1910

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3Cited by9 opinions

  1. Matter of LindgrenNew York Court of Appeals · 1921
  2. Weatherly v. FulghamTexas Supreme Court · 1954
  3. In re FrankelAppellate Division of the Supreme Court of the State of New York · 1925
  4. In re MurphyAppellate Division of the Supreme Court of the State of New York · 1919
  5. Smith v. Board of ElectionsNew York Supreme Court · 1949

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