Legal Opinion

People Ex Rel. Hotchkiss v. . Smith

New York Court of Appeals

Decided October 4, 1912PublishedCited by 46 opinions

Oeoss-appeals from an order of the Appellate Division of the Supreme Court in the second judicial department, entered September 19, 1912, which modified and as modified affirmed as matter of law and not in the exercise of discretion, an order of Special Term providing that a peremptory writ of mandamus issue directing the defendants, composing the board of elections of Putnam county, to disregard as unconstitutional and void certain provisions of the Election Law.

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Oeoss-appeals from an order of the Appellate Division of the Supreme Court in the second judicial department, entered September 19, 1912, which modified and as modified affirmed as matter of law and not in the exercise of discretion, an order of Special Term providing that a peremptory writ of mandamus issue directing the defendants, composing the board of elections of Putnam county, to disregard as unconstitutional and void certain provisions of the Election Law. The facts, so far as material, are stated in the opinion. J. Hampden Dougherty for Empire State Democracy, intervenor. Albert S.…

1Opinion of the CourtChase, J.

The petitioner Hotchkiss, who alleges that .he is the provisional chairman in and for the state of Hew York for the Hational Progressive party, and the petitioner Fish, who alleges that he is the chairman of the Putnam county committee of said party, and each alleging that said party is a new political party, organized and existing throughout the United States, and that it intends to cause nominations to be made by petition, among others, for county officers for Putnam county and member of assembly for said county so as to entitle its party ticket to be printed in a separate column upon the…

2Cases cited6 opinions

  1. People Ex Rel. Coffey v. Democratic General CommitteeNew York Court of Appeals · 1900
  2. Matter of Hopper v. . BrittNew York Court of Appeals · 1911
  3. Matter of CallahanNew York Court of Appeals · 1910
  4. Matter of Burke v. . TerryNew York Court of Appeals · 1911
  5. Matter of Hopper v. . BrittNew York Court of Appeals · 1912

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3Cited by46 opinions

  1. Matter of McCabe v. VoorhisNew York Court of Appeals · 1926
  2. Matter of Burr v. . VoorhisNew York Court of Appeals · 1920
  3. Spreckels v. GrahamCalifornia Supreme Court · 1924
  4. Eck v. State Tax Comm. of Md.Court of Appeals of Maryland · 1954
  5. State v. StannardOregon Supreme Court · 1917

41 more not listed; retrieve them via the Exa API.

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