People ex rel. Brown v. Freisch
Appellate Division of the Supreme Court of the State of New York
Appeal by the intervener, Frederick 0. Hicks, from an order of the Supreme Court, made at the Kings County Special Term and entered in the office of the clerk of the county of Nassau on the 27th day of January, 1915, granting relator’s motion for a peremptory writ of mandamus. At the general election held in November, 1914, the relator and the intervenor were rival candidates for representative in the Congress.
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Appeal by the intervener, Frederick 0. Hicks, from an order of the Supreme Court, made at the Kings County Special Term and entered in the office of the clerk of the county of Nassau on the 27th day of January, 1915, granting relator’s motion for a peremptory writ of mandamus. At the general election held in November, 1914, the relator and the intervenor were rival candidates for representative in the Congress. The relator obtained a writ of peremptory mandamus under section 381 of the Election Law. (Consol. Laws, chap. 17 [Laws of 1909, chap. 22], § 381, as amd. by Laws of 1913, chap. 821.)…
1Opinion of the Court
Jenks, P. J.:
While necessarily the mandamus contemplates that the officials have not done all things which they should have done, it commands completion of acts partially done, not the doing of acts wholly undone; or, specifically, the theory of the writ is that certain ballots had been objected to, certain ballots had been passed upon as void, protested or wholly blank ballots, and other ballots which had been returned to the officials as spoiled or mutilated (for which other ballots were furnished to the voter) had been determined to be canceled ballots. But the Election Law prescribes that…
2Cases cited6 opinions
- People, Ex Rel. Smith v. . SchielleinNew York Court of Appeals · 1884
- Matter of Hearst v. . WoelperNew York Court of Appeals · 1905
- People Ex Rel. March v. . BeamNew York Court of Appeals · 1907
- People Ex Rel. McLaughlin v. . AmmenwerthNew York Court of Appeals · 1910
- People ex rel. Maxim v. WardAppellate Division of the Supreme Court of the State of New York · 1901
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3Cited by3 opinions
- People ex rel. Brown v. Board of SupervisorsAppellate Division of the Supreme Court of the State of New York · 1915
- People ex rel. McCourt v. WhalenAppellate Division of the Supreme Court of the State of New York · 1920
- People ex rel. Brown v. Board of SupervisorsAppellate Division of the Supreme Court of the State of New York · 1915