People ex rel. Yates v. Ferguson
Court for the Trial of Impeachments and Correction of Errors
Information in na.ture of a quo warranto, to try whethe relator, or the defendant, was duly elected county cperk 0f the county of Montgomery, at the annual election in November, 1825; tried at the circuit in that county in May, 1827, before Walworth, G. . _ At the trial, the defendant gave in evidence the certificate of the county canvassers, dated November 16th, 1825; which it appeared that George D. Ferguson had 2424 votes foi- cohnty clerk, Henry F.- Yates 2419, H. F.…
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Information in na.ture of a quo warranto, to try whethe relator, or the defendant, was duly elected county cperk 0f the county of Montgomery, at the annual election in November, 1825; tried at the circuit in that county in May, 1827, before Walworth, G. . _ At the trial, the defendant gave in evidence the certificate of the county canvassers, dated November 16th, 1825; which it appeared that George D. Ferguson had 2424 votes foi- cohnty clerk, Henry F.- Yates 2419, H. F. Yates 14", Frey Yates 3, and several were given for Georgé Fer„uson> These abbreviated votes were claimed for the re- °…
1Opinion of the Court
Curia, per Savage, Ch. Justice.
The judge decided correctly,- beyond all doubt, as to the return from Mayfield. As to the other questions; the object of an election is, that the person receiving the greatest number of votes in ‘his favor, shall have the office designated by the electors. The statute requires, that the election shall be by ballot, “ which ballot shall be a paper ticket, contáining'the' name of a person for clerk of said county.” (Laws, sess. 45, ch. 201, s. 7, p. 271.) The inspectors, after closing the poll, shall set down in writing the names of the several persons voted, for…
2Cases cited1 opinion
- People, ex rel. Eastman v. SeamanNew York Supreme Court · 1848
3Cited by18 opinions
- People Ex Rel. Smith v. PeaseNew York Court of Appeals · 1863
- Dishon v. SmithSupreme Court of Iowa · 1859
- People ex rel. Williams v. CicottMichigan Supreme Court · 1868
- Reynolds v. State, ex rel. TitusIndiana Supreme Court · 1878
- People Ex Rel. Haines v. SmithNew York Court of Appeals · 1871
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