People Ex Rel. Deister v. . Wintermute
New York Court of Appeals
Ceoss-appeals from a judgment of the Appellate Division of the Supreme Court in the third judicial department, entered June 25, 1908, affirming a judgment entered upon a verdict directed by the court. The nature of the action and the facts, so far as material, are stated in the opinion. In an action in quo warranto the certificate of election is onl j prima facie evidence of title and may be set aside.
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Ceoss-appeals from a judgment of the Appellate Division of the Supreme Court in the third judicial department, entered June 25, 1908, affirming a judgment entered upon a verdict directed by the court. The nature of the action and the facts, so far as material, are stated in the opinion. In an action in quo warranto the certificate of election is onl j prima facie evidence of title and may be set aside. (People v. Ferguson, 8 Cow. 102; People v. Vail, 20 Wend. 12; People v. Seaman, 5 Den. 409; People v. Cook, 8 N. Y. 67; People v. Pease, 27 N. Y. 45 ; People v. Thacher, 55 N. Y. 525 ; People…
1Opinion of the Court
Cullen, Ch. J.
The action was brought to determine the title of the defendant to the office of county treasurer of Chemung county. At the general election held in 1906, the relator and the defendant were candidates for that office, the term of the then incumbent of which expired on the 31st day of December ensuing. The defendant was the incumbent. The official canvassers awarded the office to the defendant by a plurality of two votes. The relator claimed the canvass was erroneous and that in truth he had received a plurality. On the trial of the action the following facts appeared: In the…
2Cases cited12 opinions
- The People v. . CookNew York Court of Appeals · 1853
- People Ex Rel. Smith v. PeaseNew York Court of Appeals · 1863
- People Ex Rel. Nichols v. Board of County CanvassersNew York Court of Appeals · 1891
- People Ex Rel. Judson v. . ThacherNew York Court of Appeals · 1874
- People Ex Rel. Bradley v. . ShawNew York Court of Appeals · 1892
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3Cited by35 opinions
- Matter of CreedonNew York Court of Appeals · 1934
- Jefferson County Ex Rel. Grauman v. Jefferson County Fiscal CourtCourt of Appeals of Kentucky (pre-1976) · 1938
- National Federation of Railway Workers v. National Mediation BoardCourt of Appeals for the D.C. Circuit · 1940
- Helm v. State Election BoardSupreme Court of Oklahoma · 1979
- In re CarsonNew York Supreme Court · 1937
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