Legal Opinion

In re Merow

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

Decided May 2, 1906PublishedCited by 5 opinions

Appeal by the petitioner, John Merow, from an order of the Supreme Oonrt, made at the Erie Special Term and entered in the office of the cleric of the county of Cattaraugus on the 11th day of December, 1905, denying the petitioner’s application for an order vacating and setting aside the return and canvass made .by the inspectors of election of the town of Little "Valley, on the 7th day of November, 1905, and the canvass of the board made thereon on the four questions…

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Appeal by the petitioner, John Merow, from an order of the Supreme Oonrt, made at the Erie Special Term and entered in the office of the cleric of the county of Cattaraugus on the 11th day of December, 1905, denying the petitioner’s application for an order vacating and setting aside the return and canvass made .by the inspectors of election of the town of Little "Valley, on the 7th day of November, 1905, and the canvass of the board made thereon on the four questions submitted under section 16 of the Liquor Tax Law, at a town meeting 'held in said town on said date, and denying the…

1Opinion of the Court

McLennan, P. J. :

The irregularities which occurred in submitting the local option questions at the general election and toivn meeting held in the town of Little Valley, county of -Cattaraugus, in the year 1905, were not of such character or importance as to render such submission void and to entitle the petitioner to a resnbmission of such questions at a special town meeting to be held for that purpose as provided in section 16 of the Liquor Tax Law (Laws of 1896, chap. 112, as amd. by Laws of 1905, chap. 680).

The appellant claims that there were at least eight irregularities in the…

2Cases cited4 opinions

  1. The People v. . CookNew York Court of Appeals · 1853
  2. People Ex Rel. Hirsh v. . WoodNew York Court of Appeals · 1895
  3. People ex rel. Leonard v. HamiltonAppellate Division of the Supreme Court of the State of New York · 1899
  4. People ex rel. Hayes v. EdwardsNew York Supreme Court · 1904

3Cited by5 opinions

  1. Sheils v. FlynnNew York Supreme Court · 1937
  2. In re HouliganNew York Supreme Court · 1907
  3. Train v. SistiNew York Supreme Court · 1932
  4. Spano v. City of MiddletownNew York Supreme Court · 1938
  5. Wall v. Great Atlantic & Pacific Tea Co.New York Supreme Court · 1937

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