In re Winchester
New York Supreme Court
1Opinion of the CourtHorton, J.
In the village election held recently at Bemus Point an equal number of unquestioned ballots was cast for each of the two candidates for president. In addition, there are seventeen ballots as to which questions have been raised as to their validity. Upon ten of these a desire to vote for R. A. Scofield was indicated by the writing in of that name, and upon seven a preference for Glenn Winchester was more or less clearly indicated. The court would prefer to decide this case in accordance with the apparent intent of the voters, but, as stated in People ex rel. Damon v. Fessenden, 31 App. Div.…
2Cases cited5 opinions
- People Brown v. . the Bd. of Supervisors of Suffolk Cty.New York Court of Appeals · 1915
- People ex rel. Colne v. SmithAppellate Division of the Supreme Court of the State of New York · 1919
- Matter of FallonNew York Court of Appeals · 1910
- In re HouliganNew York Supreme Court · 1907
- People ex rel. Damon v. FessendenAppellate Division of the Supreme Court of the State of New York · 1898
3Cited by4 opinions
- Bennett v. Board of ElectionsNew York Supreme Court · 1957
- Haskell v. HannahNew York Supreme Court · 1946
- In re GoldinNew York Supreme Court · 1939
- Lorenzen v. McAfeeNew York Supreme Court · 1973