In re the Objections to the Original Certificate of the Independent Nomination of Carr
Appellate Division of the Supreme Court of the State of New York
Appeal by Ellsworth Carr from an order of the Supreme Court, made by a justice of said court in a summary proceeding instituted under the Election Law, which order was entered in the office of the clerk of the county of Albany on the 22d day of October, 1903, and decided that the use of the name employed in a certificate of. nomination of the said Ellsworth Carr, as a candidate for the office of assemblyman, was unauthorized and void.
Read the full summary
Appeal by Ellsworth Carr from an order of the Supreme Court, made by a justice of said court in a summary proceeding instituted under the Election Law, which order was entered in the office of the clerk of the county of Albany on the 22d day of October, 1903, and decided that the use of the name employed in a certificate of. nomination of the said Ellsworth Carr, as a candidate for the office of assemblyman, was unauthorized and void. The requisite number of voters in the third assembly district of the county of Albany, under the provisions of section 57 of-the. Election Law (Laws of 1896,…
1Opinion of the Court
Parker, P. j.:
Section 57 of the Election Law (Laws of 1896, chap. 909, as amd. by Laws of 1901, chap. 654), under the provisions of which these independent voters sought to' make their nominations, ..explicitly provides that the name which they shall select and designate in their • certificate shall “ not include the name of any organized political party.”
The name designated in the certificate in question is the “ Independent Democratic Party.” It appears from the record before us that the “ Democratic Party ” has for more than fifty years been the name of an organized political party, which…
2Cases cited1 opinion
- In re Complaint of GreeneAppellate Division of the Supreme Court of the State of New York · 1896
3Cited by7 opinions
- Marcantonio v. HeffernanNew York Supreme Court · 1948
- McCarthy v. LawleyAppellate Division of the Supreme Court of the State of New York · 1970
- Donnellon v. HeffernanNew York Supreme Court · 1948
- McCarthy v. LawleyNew York Supreme Court · 1970
- DiResto v. CornellAppellate Division of the Supreme Court of the State of New York · 2009
2 more not listed; retrieve them via the Exa API.