People Ex Rel. Fitzgerald v. . Voorhis
New York Court of Appeals
Appeal, by permission, from an order of the Appellate Division of the Supreme Court in the second judicial department, entered February 9, 1918, which affirmed an order of Special Term denying an application for an order restraining the board of elections of the city of New York from holding a special election in the seventh congressional district, as fixed by chapter 797, of the Laws of 1917, to fill the vacancy therein existing and for a peremptory writ of mandamus…
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Appeal, by permission, from an order of the Appellate Division of the Supreme Court in the second judicial department, entered February 9, 1918, which affirmed an order of Special Term denying an application for an order restraining the board of elections of the city of New York from holding a special election in the seventh congressional district, as fixed by chapter 797, of the Laws of 1917, to fill the vacancy therein existing and for a peremptory writ of mandamus directing such board to hold such election in the seventh congressional district as fixed by chapter 890 of the Laws of 1911.…
1Opinion of the CourtMcLaughlin, J.
At the general election held November 7, 1916, John J. Fitzgerald was elected a representative from the seventh congressional district of the state of New York to the sixty-fifth Congress of the United States. The boundaries of such district at that time were fixed and established by chapter 890 of the Laws of 1911. On the 1st of January, 1918, he resigned and a vacancy was thereby created, which now exists. Intermediate his election and resignation the legislature of the state of New York, by an act which took effect June 9, 1917, changed the boundaries of some of its congressional…
2Cases cited4 opinions
- Ely and Others v. . HoltonNew York Court of Appeals · 1857
- Matter of Estate of PrimeNew York Court of Appeals · 1893
- People Ex Rel. Broderick v. . MortonNew York Court of Appeals · 1898
- Matter of GudenNew York Court of Appeals · 1902
3Cited by10 opinions
- American Civil Liberties Union of Ohio, Inc. v. Robert Taft, Governor of OhioCourt of Appeals for the Sixth Circuit · 2004
- State Ex Rel. Birkeland v. ChristiansonSupreme Court of Minnesota · 1930
- Sloan v. DonoghueCalifornia Supreme Court · 1942
- Opinions of the Justices To the GovernorMassachusetts Supreme Judicial Court · 1972
- Howard v. HolmSupreme Court of Minnesota · 1940
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