People Ex Rel. Stapleton v. . Bell
New York Court of Appeals
Appeal from order of the General Term of the Supreme Court in the third judicial department, made November 26, 1889, which affirmed an order of Special Term granting a peremptory writ of mandamus. The relators and the defendants were the members of the board of inspectors of election appointed for the ninth ward of the city of Troy.
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Appeal from order of the General Term of the Supreme Court in the third judicial department, made November 26, 1889, which affirmed an order of Special Term granting a peremptory writ of mandamus. The relators and the defendants were the members of the board of inspectors of election appointed for the ninth ward of the city of Troy. The defendants refused to affix their signatures to the election returns made for said election district, at the annual election held November 5, 1889, and these proceedings were instituted by the relators to compel them to perform that act. No issue is made as to…
1Opinion of the CourtGbay, J.
The record before us shows that the question which it presents has received a careful consideration in the courts below, and we might leave the discussion there, if it were not a question which, as concerning the powers of inspectors of elections in holding state elections, affects the right of suffrage, and, therefore, is of public interest. The precise claim of the appellants amounts to this, that those officers are clothed with a discretionary power to reject the ballot tendered by a proposed elector; notwithstanding he may have satisfied the tests prescribed by law, by taking the oaths…
2Cases cited4 opinions
- People Ex Rel. Smith v. PeaseNew York Court of Appeals · 1863
- People Ex Rel. Judson v. . ThacherNew York Court of Appeals · 1874
- People ex rel. Smith v. PeaseNew York Supreme Court · 1860
- Goetcheus v. . MatthewsonNew York Court of Appeals · 1875
3Cited by30 opinions
- People Ex Rel. Deister v. . WintermuteNew York Court of Appeals · 1909
- Rasure v. SparksSupreme Court of Oklahoma · 1919
- Board of Registration Com'rs. v. CampbellCourt of Appeals of Kentucky (pre-1976) · 1933
- Burton v. MayerCourt of Appeals of Kentucky (pre-1976) · 1938
- People v. CanforaNew York Court of General Session of the Peace · 1957
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