Legal Opinion

In re the Election of Member of Assembly for the First District

New York Supreme Court

Decided November 15, 1896PublishedCited by 6 opinions

Application of Patrick McDonnell, a candidate for member of assembly in the first assembly district, of Erie county, for an order permitting an inspection of the ballots voted in the fourth election district of the nineteenth ward of Buffalo, at the. general election held on November 3, 1896.

1Opinion of the CourtLaughlin, J.

Section 111 of the Election Law requires that the board of inspectors of election shall, upon the completion of the canvass, make and sign an original statement of the result of the election and two certified copies thereof, and further provides as follows: “ Forthwith, upon the completion of such original statement and of such certified copies thereof, and the proclamation of *392the result of election as to each candidate, the ballots voted, except the void and protested ballots, shall be replaced in the box from which they were taken, together with a statement as to. the number of such ballots…

2Cases cited5 opinions

  1. People ex rel. Budd v. HoldenCalifornia Supreme Court · 1865
  2. People Ex Rel. Dailey v. . LivingstonNew York Court of Appeals · 1879
  3. People, Ex Rel. Smith v. . SchielleinNew York Court of Appeals · 1884
  4. People Ex Rel. Noyes v. . Bd. of CanvassersNew York Court of Appeals · 1891
  5. Gleason v. BlancNew York Supreme Court · 1895

3Cited by6 opinions

  1. In re BarrettNew York Supreme Court · 1923
  2. In re Van CottNew York Supreme Court · 1901
  3. People ex rel. Decker v. ParmeleeNew York Supreme Court · 1898
  4. People ex rel. Fiske v. BantzAppellate Division of the Supreme Court of the State of New York · 1918
  5. In re UlrichNew York County Court, Steuben County · 1910

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