In re Whitman
Appellate Division of the Supreme Court of the State of New York
Cross-appeals by the petitioner, Charles S. Whitman, and by Alfred E. Smith, from 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 21st day of November, 1918. The petitioner, Charles S. Whitman, appeals from so much of said order as provides for a postponement of the examination of the ballots until after the issuance of a certificate of election of Governor by the Secretary of State.
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Cross-appeals by the petitioner, Charles S. Whitman, and by Alfred E. Smith, from 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 21st day of November, 1918. The petitioner, Charles S. Whitman, appeals from so much of said order as provides for a postponement of the examination of the ballots until after the issuance of a certificate of election of Governor by the Secretary of State. Alfred E. Smith appeals from said order in so far as it grants the application herein; authorizes the examination of the…
1Dissent
Clarke, P. J. (dissenting):
I dissent in one particular from the decision of the majority of the court. While the learned court at Special Term granted the application for the examination of the ballots, it provided: “ Such examination shall commence at 9 o’clock A. M. on the day following the issuance of the Certificate of Election as Governor by the Secretary of State, as provided by Section 443 of the Election Law, and continue thereafter daily without intermission so far as possible, to the end that such examination be completed at the earliest possible moment.”
In my opinion, there is no…
2Cases cited5 opinions
- People Ex Rel. Brink v. . WayNew York Court of Appeals · 1904
- People Ex Rel. Brown v. . FreischNew York Court of Appeals · 1915
- Matter of QuinnNew York Court of Appeals · 1917
- In re RushNew York Supreme Court · 1917
- People Ex Rel. White v. Board of Supervisors of the County of AlbanyNew York Court of Appeals · 1908