Legal Opinion

People ex rel. White v. Board of Aldermen

Appellate Division of the Supreme Court of the State of New York

Decided July 1, 1898PublishedCited by 1 opinion

Appeal by John Barry and James Coyle, two of the inspectors of election of the third election district of the first ward of the city of Buffalo, N. Y., from an order of the Supreme Court, made at the Erie Special Term and entered in the office of the clerk of the county of Erie on the 27th day of January, 1898, directing that a peremptory writ of mandamus issue, commanding the inspectors of election of the said district to convene and sign an original statement, giving the…

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Appeal by John Barry and James Coyle, two of the inspectors of election of the third election district of the first ward of the city of Buffalo, N. Y., from an order of the Supreme Court, made at the Erie Special Term and entered in the office of the clerk of the county of Erie on the 27th day of January, 1898, directing that a peremptory writ of mandamus issue, commanding the inspectors of election of the said district to convene and sign an original statement, giving the correct result of an election held in said district on the 2d day of November, 1897, and to exclude from the ballots…

1Opinion of the Court

Ward, J.:

There is some confusion in the case with reference to the blank ballot. The return of the inspectors of the third election district of the first ward of Buffalo, whose acts are challenged as to the result of the election of the 2d of November, 1897, states that there was one blank ballot which was not counted. Their return, as above given, states that there were eight ballots which were protested as being marked for identification. The record on this appeal does not give a copy of the ballots or of the marks thereon, which, it is alleged, invalidates them, but we were presented upon…

2Cases cited8 opinions

  1. People ex rel. Bailey v. Supervisors of GreeneNew York Supreme Court · 1851
  2. People Ex Rel. Feeny v. . Bd. of CanvassersNew York Court of Appeals · 1898
  3. Dunklin County v. District County Court of Dunklin CountySupreme Court of Missouri · 1856
  4. People, Ex Rel. Smith v. . SchielleinNew York Court of Appeals · 1884
  5. People Ex Rel. Hasbrouck v. Board of SupervisorsNew York Court of Appeals · 1892

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3Cited by1 opinion

  1. People ex rel. Brink v. WayAppellate Division of the Supreme Court of the State of New York · 1904

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