People Ex Rel. Brink v. . Way
New York Court of Appeals
Appeal from an order of the Appellate Division of the Supreme Court in the third judicial department, entered March 17, 1904, which affirmed an order of Special Term granting a motion for a peremptory writ of mandamus. The facts, so far as material, are stated in the opinion. The court had no power to grant the order appealed from. (L. 1896, ch. 909; Matter of Member of Assembly, 18 Misc.
Read the full summary
Appeal from an order of the Appellate Division of the Supreme Court in the third judicial department, entered March 17, 1904, which affirmed an order of Special Term granting a motion for a peremptory writ of mandamus. The facts, so far as material, are stated in the opinion. The court had no power to grant the order appealed from. (L. 1896, ch. 909; Matter of Member of Assembly, 18 Misc. Rep. 391; People ex rel. v. Board of Canvassers, 66 Hun, 265; People ex rel. v. Earley, 16 Misc. Rep. 603; People ex rel. v. Bourke, 30 Misc. Rep. 561; People ex rel. v. Bd. Suprs., 135 N. Y. 522.) A…
1Opinion of the Court
Parker, Ch. J.
Delator was a candidate for supervisor at the general election of Povember 3, 1903. According to the returns filed his opponent received one majority. Povember 21, 1903, relator obtained a writ of peremptory mandamus requiring the town board of canvassers to reconvene “ at the town clerk’s-office in the town of Ulster, on the 17th day of December, 1903, at 2 o’clock in the afternoon, and recanvass the vote cast at the election held Povember 3,1903, for supervisor of said town, and in so doing to take and use the corrected return made and filed from election district Po. 4,…
2Cited by31 opinions
- Schieffelin v. Valentine KomfortNew York Court of Appeals · 1914
- Matter of Hearst v. . WoelperNew York Court of Appeals · 1905
- People Ex Rel. Brown v. . FreischNew York Court of Appeals · 1915
- People v. . McClellanNew York Court of Appeals · 1908
- Matter of Smith v. . WenzelNew York Court of Appeals · 1915
26 more not listed; retrieve them via the Exa API.