People ex rel. Maxim v. Ward
Appellate Division of the Supreme Court of the State of New York
Appeal by the relator, Charles B. Maxim, from an order of the Supreme Court, made at the Montgomery Special Term and entered in the office of the clerk of the county of Warren on the 8th day of May, 1901, denying the relator’s motion for a peremptory writ of mandamus. • The facts admitted touching the canvass of the ballots cast at the town meeting referred to seem to be that the relator, a candidate at such election for supervisor, was declared defeated, and his rival,,…
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Appeal by the relator, Charles B. Maxim, from an order of the Supreme Court, made at the Montgomery Special Term and entered in the office of the clerk of the county of Warren on the 8th day of May, 1901, denying the relator’s motion for a peremptory writ of mandamus. • The facts admitted touching the canvass of the ballots cast at the town meeting referred to seem to be that the relator, a candidate at such election for supervisor, was declared defeated, and his rival,, Robert T. Taylor, was declared elected by a majority of two votes ; that the canvassers declared nine of the ballots cast…
1Opinion of the Court
Kellogg, J.:
The facts disclosed by the affidavits appear to me to entitle the relator to some relief which might properly be granted by mandamus. It does not appear to be the policy of the law to deny this writ even in cases where other remedies are possible. The evidence, and all the evidence of the title of the relator to the office of supervisor, if he has any title, is contained in the sealed and locked ballot box in the possession of the town clerk.' All proof of errors committed by the board of canvassers in the count of the ballots, if any errors were committed, is contained in that…
2Cited by7 opinions
- People ex rel. McCourt v. WhalenAppellate Division of the Supreme Court of the State of New York · 1920
- People ex rel. Perry v. Board of Canvassers of Sullivan CountyAppellate Division of the Supreme Court of the State of New York · 1903
- People ex rel. Brown v. FreischAppellate Division of the Supreme Court of the State of New York · 1915
- People ex rel. Brink v. WayAppellate Division of the Supreme Court of the State of New York · 1904
- In re PerryAppellate Division of the Supreme Court of the State of New York · 1903
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