In re Emmett
Appellate Division of the Supreme Court of the State of New York
Appeal from special term. Richard S. Emmett, Jr., and Joseph E. Ennis presented to the ■county clerk of Westchester county certificates of nomination for member of the assembly for the Second district of Westchester county, each claiming to be the regular nominee of the Republican party.
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Appeal from special term. Richard S. Emmett, Jr., and Joseph E. Ennis presented to the ■county clerk of Westchester county certificates of nomination for member of the assembly for the Second district of Westchester county, each claiming to be the regular nominee of the Republican party. The determination of the clerk in favor of Emmett was, on application of Ennis, reversed by a justice of the supreme court, who ordered the name of Ennis to be put on the official ballot as the Republican nominee, and from such order -Emmett appeals. Dismissed.
1Dissent
HATCH, J. (dissenting).
The order appealed from was made by the court below on the 17th day of October, 1896. The direction, by the learned judge who granted it, was in the following words: “The county clerk of Westchester county is directed to file the foregoing order immediately upon the presentation thereof to him.” In the usual course of judicial procedure, the party obtaining an order favorable to his contention enters the same, and the party affected thereby may usually rely upon his so doing. The case presented necessity for expedition, as the time in which the rights of the parties…
2Cases cited10 opinions
- People Ex Rel. Hirsh v. . WoodNew York Court of Appeals · 1895
- People Ex Rel. Twenty-Third Street Railroad v. Commissioners of TaxesNew York Court of Appeals · 1884
- In re CuddebackAppellate Division of the Supreme Court of the State of New York · 1896
- In re RedmondNew York Supreme Court · 1893
- Matter of MaddenNew York Court of Appeals · 1895
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