Legal Opinion

In re Barry

Appellate Division of the Supreme Court of the State of New York

Decided November 2, 1899PublishedCited by 1 opinion

Appeal from special term, Westchester county. Application Tby Francis A. Barry and others to place their names on the register roll of electors. From an order denying the application, they appealed. Affirmed. The following is the opinion at special term (BARNARD, J.): The petitioners are pursuing a course of instruction in St. Joseph’s Academy, Yonkers.

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Appeal from special term, Westchester county. Application Tby Francis A. Barry and others to place their names on the register roll of electors. From an order denying the application, they appealed. Affirmed. The following is the opinion at special term (BARNARD, J.): The petitioners are pursuing a course of instruction in St. Joseph’s Academy, Yonkers. They are each and ■ all intending to become priests of the Roman Catholic Church, and each and every one of the petitioners testify that St. Joseph’s Academy is their place of residence, and that they have left their several places of…

1Per curiam

We are of opinion that the result of the decision of the court of appeals in Re Garvey, 147 N. Y. 117, 41 N. E. 439, is that, to entitle a student at a seminary of learning to vote in the district in which the seminary is situated, "the intent to change the legal residence must be manifested by acts which are independent of the alleged voter’s presence as a student in the new locality.” We are clear that in the case before us the acts which are relied on to evidence such intent, so far from being independent of the appellants’ status as students of the institution, are, on the contrary, mere…

2Cases cited1 opinion

  1. Matter of GarveyNew York Court of Appeals · 1895

3Cited by1 opinion

  1. In re BlankfordNew York Supreme Court · 1925

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