In Re Objections to the Certificate of Nomination of Fairchild
New York Court of Appeals
Appeal from an order of the Appellate Division of the Supreme Court in the third judicial department, entered October 29, 1896, affirming an order made by Honorable Samuel Edwards, a justice of the Supreme Court in and for the third judicial district, which reversed a determination of the secretary of state that Ben L. Fairchild was the regular Republican candidate for representative in Congress for the sixteenth congressional district, decided that William L. Ward was the…
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Appeal from an order of the Appellate Division of the Supreme Court in the third judicial department, entered October 29, 1896, affirming an order made by Honorable Samuel Edwards, a justice of the Supreme Court in and for the third judicial district, which reversed a determination of the secretary of state that Ben L. Fairchild was the regular Republican candidate for representative in Congress for the sixteenth congressional district, decided that William L. Ward was the regular Republican candidate, and directed that his name be placed upon the official ballot as such. The facts, so far as…
1Opinion of the CourtMartin, J.
The respondent contends that inasmuch as the election has been held, the decision of the questions presented on this appeal is of no importance, as it can, at most, only affect the question of costs. We think the questions involved are of sufficient importance to require their determination by this court, as it may prevent future embarrassment in the congressional district to which this controversy relates, and also settle other questions upon which there is a conflict in the decisions of the Supreme Court. (Matter of Madden, 148 N. Y. 136, 139.)
In examining the various questions to be…
2Cases cited1 opinion
- Matter of MaddenNew York Court of Appeals · 1895
3Cited by43 opinions
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