People ex rel. Rathburn v. Tabor
New York Supreme Court
Motion for peremptory writ of mandamus by the People, on the relation of Pearl M. Rathburn, against Ernest C. Tabor, clerk of the board of supervisors of Cayuga county. Motion granted.
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Motion for peremptory writ of mandamus by the People, on the relation of Pearl M. Rathburn, against Ernest C. Tabor, clerk of the board of supervisors of Cayuga county. Motion granted. Motion for peremptory writ of mandamus compelling the defendant, as clerk of the board of supervisors of Cayuga county, to immediately forward to the Secretary of State a notice stating the name and address of the Moravia Republican as the newspaper designated by the Republican members .of the board of supervisors of said county for the publication of the Laws and Concurrent Resolutions of the Legislature for…
1Opinion of the CourtSutherland, J.
[1] In my opinion the designation of the Moravia Republican, made in writing by a majority of the Republican members of the board of supervisors, filed with the clerk November 11, 1912, at 2:21 p. m., is the document which must control the action of the clerk in this case, and prevails over a designation of the Auburn Semi-weekly Journal, filed five minutes later, which later designation is also signed by a majority of the Republican members of said board, several of the said members having signed both documents. A month later these supervisors who had signed both papers filed with the clerk…
2Cases cited6 opinions
- People Ex Rel. Schau v. . McWilliamsNew York Court of Appeals · 1906
- People Ex Rel. Republican & Journal Co. v. WigginsNew York Court of Appeals · 1910
- Troy Press Co. v. Clerk of the Board of SupervisorsAppellate Division of the Supreme Court of the State of New York · 1904
- People ex rel. Union & Advertiser Co. v. Board of SupervisorsNew York Supreme Court · 1891
- People ex rel. Donnelly v. RiggsNew York Supreme Court · 1897
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