Matter of Whitman. No. 2
New York Court of Appeals
Appeal from an order of the Appellate Division of the Supreme Court in the first judicial department, entered December 3, 1918, which affirmed an order of Special Term granting a motion for an order permitting examination of ballots cast for the office of governor in the counties of New York and Bronx at the general election held November 5, 1918. The facts, so far as material, are stated in the opinion.
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Appeal from an order of the Appellate Division of the Supreme Court in the first judicial department, entered December 3, 1918, which affirmed an order of Special Term granting a motion for an order permitting examination of ballots cast for the office of governor in the counties of New York and Bronx at the general election held November 5, 1918. The facts, so far as material, are stated in the opinion. The applicant is entitled to examine the ballots forthwith as a matter of right. There was no power in the court, to postpone the examination until after the issuance of the certificate of…
1Opinion of the CourtCrane, J.
This is an application pursuant to section 374 of the Election Law (Cons. Laws, ch. 17) to examine the ballots in the last election cast-for governor in the counties of New York and Bronx. Upon the return, of an order to show cause and the submission of opposing affidavits an order was made at the Special Term on the 20th day of November, 1918, authorizing the applicant, Charles S. Whitman, to examine all the ballots for said counties upon which his name appeared as a candidate for governor, including the void, protested or defective ballots and the stubs thereof. Among other conditions it…
2Cases cited2 opinions
- People Ex Rel. Flynn v. . WoodsNew York Court of Appeals · 1916
- Knickerbocker Trust Co. v. Oneonta, Cooperstown & Richfield Springs Railway Co.New York Court of Appeals · 1910
3Cited by3 opinions
- People v. DoranNew York Court of Appeals · 1927
- In re BarrettAppellate Division of the Supreme Court of the State of New York · 1924
- In re BarrettNew York Supreme Court · 1923