In re Perry
Appellate Division of the Supreme Court of the State of New York
Appeal from Special Term, Sullivan County. In the matter of the application of Jesse L. Perry for a recount of the void and protested ballots cast for the office of school commissioner of the First District of Sullivan county. From a judgment directing a peremptory writ of mandamus to issue to the board of canvassers, James Hall appeals. Reversed.
1Opinion of the CourtChase, J.
The petitioner and one Hall were rival candidates for school commissioner in the First Commissioner’s District in the county of Sullivan at the general election for 1902. This appeal arises from a controversy relating to ballots alleged to have been protested as marked for identification, and ballots alleged to have been rejected by the inspectors as void.
Section hi of the election law (chapter 909, p. 963, Laws 1896) provides as follows:
“Upon the completion of the canvass the board of inspectors' of election shall make, and sign an original statement thereof showing the kind of election. * *…
2Cases cited4 opinions
- People Ex Rel. Corrigan v. . the Mayor, Etc.New York Court of Appeals · 1896
- People Ex Rel. Feeny v. . Bd. of CanvassersNew York Court of Appeals · 1898
- People ex rel. Maxim v. WardAppellate Division of the Supreme Court of the State of New York · 1901
- In re the Application of StilesAppellate Division of the Supreme Court of the State of New York · 1902