People Ex Rel. Fiske v. . Bantz
New York Court of Appeals
Appeal, by permission, from an order of the Appellate Division of the Supreme Court in the second judicial department, entered January 18, 1918, which affirmed an order of Special Term denying a motion for a peremptory writ of mandamus directing the inspectors of election of the third election district of the third ward of the city of Mount Vernon to correct their return or statement of the canvass of the votes of the soldiers, sailors and marines made by them on the 18th…
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Appeal, by permission, from an order of the Appellate Division of the Supreme Court in the second judicial department, entered January 18, 1918, which affirmed an order of Special Term denying a motion for a peremptory writ of mandamus directing the inspectors of election of the third election district of the third ward of the city of Mount Vernon to correct their return or statement of the canvass of the votes of the soldiers, sailors and marines made by them on the 18th day of December, 1917, in so far as the said statement or return transposed the figures of such votes actually canvassed…
1Per curiam
The inspectors made their return on a printed form furnished to them as provided by statute, and such return is complete and does not bear evidence of any clerical error existing therein. No tally sheets were furnished the inspectors or attached by them to' the return to the board of canvassers. No tally sheet was kept by them except that one of the inspectors “ kept count pn a yellow sheet of paper;” and it affirmatively appears by the affidavits presented by the relator, for the' purpose of obtaining an order to show cause herein, that such yellow sheet of paper was not preserved. The…
2Cited by3 opinions
- People ex rel. McCourt v. WhalenAppellate Division of the Supreme Court of the State of New York · 1920
- Callahan v. DennisNew York Supreme Court · 1955
- Chicago & Erie Railroad v. KeeferIndiana Court of Appeals · 1918