Legal Opinion

People ex rel. Brink v. Way

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

Decided March 15, 1904PublishedCited by 1 opinion

Appeal by the defendants, Eugene Way and others, composing the Board of Inspectors of Election in Election District No. 4 of the Town of Ulster, Ulster County, New York, and others, from an order of the Supreme Court, made at the Rensselaer Special Term and entered in the office of the clerk of the county of Ulster on the 23d day of November, 1903, directing the issuance of a peremptory writ of mandamus.

1Opinion of the Court

Chase, J.:

The relator Brink and the defendant McNamee were respectively the Republican and Democratic candidates for the office of supervisor of the town of Ulster, Ulster county, at the biennial town election held with the general election November 3, 1903.

The town of Ulster is composed of four election districts. The returns from said election districts were canvassed by the justices of the peace and town clerk of said town and said j ustices of the peace and town clerk found that 333 Votes had been cast for Brink and 334 votes for McNamee.

*84., According to the returns filed from the fourth…

2Cases cited11 opinions

  1. The People v. . CookNew York Court of Appeals · 1853
  2. People Ex Rel. Nichols v. Board of County CanvassersNew York Court of Appeals · 1891
  3. People ex rel. Beck v. ColerAppellate Division of the Supreme Court of the State of New York · 1898
  4. People ex rel. Maxim v. WardAppellate Division of the Supreme Court of the State of New York · 1901
  5. People ex rel. Perry v. Board of Canvassers of Sullivan CountyAppellate Division of the Supreme Court of the State of New York · 1903

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3Cited by1 opinion

  1. People ex rel. McCourt v. WhalenAppellate Division of the Supreme Court of the State of New York · 1920

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