Legal Opinion

In re Sweeney

New York Supreme Court

Decided November 12, 1913Published

Petition by Daniel J. Sweeney, Chairman of the Socialist Committee of Schenectady County, to review the action and neglect of Commissioners of Election in and for Montgomery County, who acted in making returns from the inspectors’ returns and tally sheets at a primary election held September 16, 1913, in Montgomery county, and to correct returns made by the commissioners as provided by Election Law (Laws 1911, c. 891) § 56. Petition granted in part.

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Petition by Daniel J. Sweeney, Chairman of the Socialist Committee of Schenectady County, to review the action and neglect of Commissioners of Election in and for Montgomery County, who acted in making returns from the inspectors’ returns and tally sheets at a primary election held September 16, 1913, in Montgomery county, and to correct returns made by the commissioners as provided by Election Law (Laws 1911, c. 891) § 56. Petition granted in part. For opinion of Supreme Court, Appellate Division, reversing order, see 143 N. Y. Supp. 727; and for opinion of Court of Appeals reversing that…

1Opinion of the CourtWhitmyer, J.

The total Socialist vote in the Fourth judicial district of this state, for the office of Justice of the Supreme Court, returned to the Secretary of State, was: Montgomery County: Henry V. Borst, 5; William H. Siebe, 5. Schenectady County: Henry V. Borst, 1; John E. Wallace, 3; Burritt B. Johnson, 1. Upon this return, the Secretary of State transmitted a certificate of nomination of said party to Henry V. Borst. The tally sheet of said party for the Third district of Minden, Montgomery county, shows that “H. V. Borst” received one vote, and the return of the inspectors of election for said…

2Cases cited5 opinions

  1. In re HinesAppellate Division of the Supreme Court of the State of New York · 1910
  2. In re KingAppellate Division of the Supreme Court of the State of New York · 1913
  3. In re ZimmerNew York Supreme Court · 1912
  4. People ex rel. Calihan v. HuntAppellate Division of the Supreme Court of the State of New York · 1902
  5. In re the Protest of HeacockNew York Supreme Court · 1896

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