Matter of Hopper v. . Britt
New York Court of Appeals
Appeal from, an order of the Appellate Division of the Supreme Court in the first judicial department, entered September 28, 1911, which reversed, as matter of law, an order of Special Term granting a motion for a peremptory writ of mandamus to compel the board of elections of the city of New York to print sample and official ballots for the ensuing general election in accordance with the provisions of section 331 of the Election Law as they stood prior to the passage of…
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Appeal from, an order of the Appellate Division of the Supreme Court in the first judicial department, entered September 28, 1911, which reversed, as matter of law, an order of Special Term granting a motion for a peremptory writ of mandamus to compel the board of elections of the city of New York to print sample and official ballots for the ensuing general election in accordance with the provisions of section 331 of the Election Law as they stood prior to the passage of chapter 649 of the Laws of 1911. The facts, so far as material, are stated in the opinion. The portions of chapter 946 of…
1Opinion of the Court
Cullen, Ch. J.
This appeal presents a single issue, the constitutionality and validity of certain provisions of an act of the legislature of this year (Chap. 649, Laws 1911) entitled “ An act to amend the election law generally.” In this state for some years in the conduct of elections we have had the official ballot. Under the various statutes prescribing the form and character of that ballot, every political party that cast at the preceding election 10,000 votes for governor is entitled to a column on the ballot in which are placed the names of its nominees for the various offices to be…
2Cases cited6 opinions
- Madisonville Traction Company v. Saint Bernard Mining CompanySupreme Court of the United States · 1905
- Matter of RyersNew York Court of Appeals · 1878
- Matter of CallahanNew York Court of Appeals · 1910
- Todd v. Boards of Election CommissionersMichigan Supreme Court · 1895
- People Ex Rel. Goring v. President & Board of TrusteesNew York Court of Appeals · 1895
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3Cited by55 opinions
- State Ex Rel. Nuveen v. GreerSupreme Court of Florida · 1924
- Frewen v. PageMassachusetts Supreme Judicial Court · 1921
- Matter of Burr v. . VoorhisNew York Court of Appeals · 1920
- Johnson v. City of New YorkNew York Court of Appeals · 1937
- People Ex Rel. Hotchkiss v. . SmithNew York Court of Appeals · 1912
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