In re O'Hara
Appellate Division of the Supreme Court of the State of New York
Appeal by John G. Langham and others, constituting the board of inspectoi’s of election of the town election- held in the town of Fleming, Cayuga county, 1ST. Y., February 19, 1901, from an order of the Supreme Court, made at the Cayuga Special Term and entered in the office of the clerk of the county of Cayuga on the 29th day of April, 1901, granting a peremptory writ of mandamus requiring them to reconvene and reject all ballots received by them for and against the four…
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Appeal by John G. Langham and others, constituting the board of inspectoi’s of election of the town election- held in the town of Fleming, Cayuga county, 1ST. Y., February 19, 1901, from an order of the Supreme Court, made at the Cayuga Special Term and entered in the office of the clerk of the county of Cayuga on the 29th day of April, 1901, granting a peremptory writ of mandamus requiring them to reconvene and reject all ballots received by them for and against the four propositions provided for by the Liquor Tax Law of the State, and to certify such rejection and file the same with the…
1Opinion of the Court
Williams, J.:
The order appealed from must be reversed, with costs.
The ground of the application for the writ was that the town clerk did not comply with the statute by posting and publishing notice that the four questions were to be voted upon at the town election.
There was no dispute as to the fact that there was a failure to give such notice, but it is claimed,
First. That the statutory direction to give such notice was directory and not mandatory, and did not render the election upon this subject void.
Second. That no injury resulted from such failure because all the electors were present…
2Cited by11 opinions
- Marsden v. HarlockerOregon Supreme Court · 1906
- Guernsey v. McHaleyOregon Supreme Court · 1908
- In re O'HaraNew York Supreme Court · 1903
- Raymond v. ClementAppellate Division of the Supreme Court of the State of New York · 1907
- In re FranceNew York Supreme Court · 1902
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