Legal Opinion · Dissent

Koenig v. Britt

Appellate Division of the Supreme Court of the State of New York

Decided February 23, 1912Published

Appeal by the defendants, J. Gabriel Britt and others, constituting the board of elections of the city of New York, from so much of an order of the Supreme Court, made at the New York Special Term and entered in the office of the clerk of the county of New York on the 14th day of February, 1912, as provides that the ballot by said order directed to be printed shall not make provision for the separate printing and election of members of the judicial district committee,…

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Appeal by the defendants, J. Gabriel Britt and others, constituting the board of elections of the city of New York, from so much of an order of the Supreme Court, made at the New York Special Term and entered in the office of the clerk of the county of New York on the 14th day of February, 1912, as provides that the ballot by said order directed to be printed shall not make provision for the separate printing and election of members of the judicial district committee, congressional district committee, senatorial district committee, assembly district committee, borough committee, aldermanic…

1Dissent

Laughlin, J. (dissenting):

A question has arisen with respect to the validity or construction of section 37 of the Election Law (Consol. Laws, chap. 17 [Laws of 1909, chap. 22], as added by Laws of 1911, chap. 891), and the members of the board of elections are equally divided as to whether where the party rules do not provide for the election of members of any committee other than the county committee, the ballots for the primary elections shall contain the names only of candidates for members of the county committee of the respective organizations, or whether they shall contain the names of…

2Cases cited4 opinions

  1. People Ex Rel. Coffey v. Democratic General CommitteeNew York Court of Appeals · 1900
  2. In re HinesAppellate Division of the Supreme Court of the State of New York · 1910
  3. People Ex Rel. McCarren v. . DoolingNew York Court of Appeals · 1908
  4. In re MurphyAppellate Division of the Supreme Court of the State of New York · 1908

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