In re Eggleston
Appellate Division of the Supreme Court of the State of New York
Appeal William Eggleston from an order of the Supreme Court, made at the Erie Special Term and entered in the office of the clerk of the county of Cattaraugus on the 20th day of December, 1899, denying the relator’s application for a peremptory writ of mandamus directed to the several boards of inspectors of the town of Dayton, requiring them to reject all votes cast upon the question of local option at the last general election held in the said town.
1Opinion of the Court
Spring, J.:
In the month of September, 1899, electors of the town of Dayton, in the county of Cattaraugus, comprising more than ten per centum of the number of votes cast at the general election in the fall of 1898, executed and acknowledged a petition requesting “ that the question of excise as to license -and no license may be submitted to the electors of said township for suffrage at the coming town meeting to be held in said township on Tues. Nov. 7, 1899.”
This petition was directed to the town clerk of said town, and was filed by him on October 7,1899, but was taken therefrom by the clerk…
2Cases cited1 opinion
- Matter of TaylorNew York Court of Appeals · 1896