Legal Opinion

People ex rel. Hotchkiss v. Smith

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

Decided September 16, 1912PublishedCited by 5 opinions

Cross-appeals by the relators, William H. Hotchkiss and another, and by the defendants, John Smith and another^ constituting the hoard of elections of Putnam county, from an order of the Supreme Court, made at Special Term and entered in the office of the clerk of the county of Putnam on the 9th day of October, 1912.

1Opinion of the Court

Burr, J.:

The necessity of a prompt decision in this case renders it difficult for us to do more than briefly state the contentions of the various parties and our conclusions in respect to the same.

At the threshold of the case we are met with the contention that these proceedings are premature. The duty devolved upon the board of elections is to file certificates of nomination which are in conformity to the provisions of the last valid statute relating thereto, if any such exists.

Ho express demand to file any particular certificate has been *516made upon defendants. There has been no express…

2Cases cited4 opinions

  1. Matter of Burke v. . TerryNew York Court of Appeals · 1911
  2. Devoy v. . the Mayor, Etc., of New YorkNew York Court of Appeals · 1867
  3. In re Commissioner of ElectionsNew York Supreme Court · 1909
  4. People ex rel. Steinert v. BrittAppellate Division of the Supreme Court of the State of New York · 1911

3Cited by5 opinions

  1. State v. StannardOregon Supreme Court · 1917
  2. Heeran v. ScullyNew York Supreme Court · 1930
  3. Baum v. Town BoardAppellate Division of the Supreme Court of the State of New York · 1983
  4. Meyer v. Commissioner of Public Safety of YonkersNew York Supreme Court · 1963
  5. In re O'BrienAppellate Division of the Supreme Court of the State of New York · 1912

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