In re O'Brien
Appellate Division of the Supreme Court of the State of New York
Appeal by Smith O’Brien and others from an order of the Supreme Court, entered in the clerk’s office of the county of Albany on the 21st day of October, 1912, overruling the objections filed to the independent certificate of nomination of Gilbert D. B. Hasbrouck for justice of the Supreme Court for the third judicial district of the State of New York.
1Dissent
Betts, J. (dissenting):
The Election Law provides as to nominations of this kind, in section 122, as follows: “Independent nominations of candidates for public office other than municipal offices to be voted for in a district less than the whole State, but greater than a town or ward of á city, can only be made by one thousand five hundred voters or more of the district.” (Consol. Laws, chap. 17 [Laws of 1909, chap. 22], § 122, as amd. by Laws of 1911, chap. 891.) The nominating certificate filed contains 900 signatures. Authority is claimed for the Validity of this certificate, as to numbers,…
2Cases cited5 opinions
- People ex rel. Hotchkiss v. SmithAppellate Division of the Supreme Court of the State of New York · 1912
- Matter of BatesNew York Court of Appeals · 1909
- In re QuimbyAppellate Division of the Supreme Court of the State of New York · 1906
- People ex rel. Hotchkiss v. SmithNew York Supreme Court · 1912
- People ex rel. v. New York Central & Hudson River RailroadNew York Court of Appeals · 1912