People ex rel. Damon v. Fessenden
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendants, Ralph 0. Fessenden and others, from an order of the Supreme Court, made at the Erie Special Term and entered in the office of the cleric of the county of Erie on the 16th day of March, 1898, directing the issuance of a peremptory writ of mandamus commanding the defendants, members of the board of canvassers of the town of Gerry, to meet and recanvass the ballots cast at the annual town meeting of said town, held February 15, 1898, for commissioner…
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Appeal by the defendants, Ralph 0. Fessenden and others, from an order of the Supreme Court, made at the Erie Special Term and entered in the office of the cleric of the county of Erie on the 16th day of March, 1898, directing the issuance of a peremptory writ of mandamus commanding the defendants, members of the board of canvassers of the town of Gerry, to meet and recanvass the ballots cast at the annual town meeting of said town, held February 15, 1898, for commissioner of highways, and count for Joel G. Damon, the relator, a candidate for that office, seven votes rejected by the…
1Opinion of the Court
Follett, J.:
But one ticket—the Republican — was nominated for the annual town meeting of the town of Gerry, held February 15, 1898, and consequently tbe official ballot contained but two columns, one headed “ Republican Ticket” and the other “Blank Column.” All of the candidates of the Republican ticket, except the relator, were elected, substantially without opposition. One hundred and ninety-four ballots were cast for the office of commissioner of highways, twelve of which were rejected, and of the remainder, one hundred and eiglity-two, ninety-three were counted for Dennis Smith for the…
2Cases cited2 opinions
- People ex rel. Wells v. CollinAppellate Division of the Supreme Court of the State of New York · 1897
- People ex rel. Shafer v. MoodyNew York Supreme Court · 1897
3Cited by3 opinions
- People ex rel. Colne v. SmithAppellate Division of the Supreme Court of the State of New York · 1919
- Bennett v. Board of ElectionsNew York Supreme Court · 1957
- In re WinchesterNew York Supreme Court · 1924