Smith v. Board of Canvassers
New York Supreme Court
This is an alleged special proceeding instituted by James D. Smith, the candidate of the Democratic party for the office of mayor of the city of Utica at the general election of November 2,1915, to restrain the board of county canvassers of the county of Oneida from opening, pursuant to a resolution of such board adopted December 22, 1915, certain voting machines used at such election in such city, upon the ground that such board had no jurisdiction in the premises to take…
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This is an alleged special proceeding instituted by James D. Smith, the candidate of the Democratic party for the office of mayor of the city of Utica at the general election of November 2,1915, to restrain the board of county canvassers of the county of Oneida from opening, pursuant to a resolution of such board adopted December 22, 1915, certain voting machines used at such election in such city, upon the ground that such board had no jurisdiction in the premises to take such action or to open or cause to be opened such voting machines. The alleged proceeding, according to the contention of…
1Opinion of the CourtDeAngelis, J.
While most of the alleged discrepancies have no direct bearing upon the controversy between the Democratic and Republican candidates for the office of mayor, the board of county canvassers take the position that they are sworn officers of the law and that they have the right and it is their sworn duty to obtain corrections in the returns submitted to them, whatever office or proposition may be involved, to the end that they may perform their statutory duty. In that respect I do not think their attitude can be successfully assailed.
The precise question involved is the extent of the power of…
2Cases cited3 opinions
- Stabenau v. . Atlantic Ave. R.R. Co.New York Court of Appeals · 1898
- People Ex Rel. Noyes v. . Bd. of CanvassersNew York Court of Appeals · 1891
- People Ex Rel. McLaughlin v. . AmmenwerthNew York Court of Appeals · 1910
3Cited by7 opinions
- In re BarrettAppellate Division of the Supreme Court of the State of New York · 1924
- State Ex Rel. Doyle v. Superior CourtWashington Supreme Court · 1926
- In re BarrettNew York Supreme Court · 1923
- In re GordonNew York Supreme Court · 1939
- Rattigan v. SearingNew York Supreme Court · 1918
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