In re Fallon
Appellate Division of the Supreme Court of the State of New York
Appeal by the petitioner, Joseph' P. Fallon, from a final order of the Supreme'Court, made at the Mew York Special Term and entered in the office of the clerk of the county of Mew York on the 30th day of Movember, 1909, granting a peremptory writ of mandamus.
1Opinion of the Court
Laughlin, J.:
The' petitioner was a candidate for the office of justice of the Municipal Court for the eighth municipal district of the city of Mew York at the last general election. The certified original statements of the result of the canvass' in some of the election districts showed that a certain number of the ballots counted were protested as marked for identification, and this proceeding was instituted pursuant to the provisions of section 381 of the Election Law (Consol. Laws, chap. 1Y; Laws of 1909, chap. 22) for a Writ of mandamus requiring a recount of the votes on .such ballots and…
2Cases cited1 opinion
- People Ex Rel. White v. Board of AldermenNew York Court of Appeals · 1898
3Cited by5 opinions
- People ex rel. Colne v. SmithAppellate Division of the Supreme Court of the State of New York · 1919
- People ex. rel. Karns v. PorterAppellate Division of the Supreme Court of the State of New York · 1917
- Devine v. OsmannNew York Supreme Court · 1937
- In re MahoneyAppellate Division of the Supreme Court of the State of New York · 1944
- People ex rel. Lytle v. JohnsonNew York Supreme Court · 1916