People Ex Rel. Noyes v. . Bd. of Canvassers
New York Court of Appeals
Appeal from order of the General Term of the Supreme 'Court in the fourth judicial department made February 3, 1891, which affirmed an order of the Special Term directing the issuing of a writ of peremptory mandamus, the nature of which, as well as the facts, are set forth in the opinion.
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Appeal from order of the General Term of the Supreme 'Court in the fourth judicial department made February 3, 1891, which affirmed an order of the Special Term directing the issuing of a writ of peremptory mandamus, the nature of which, as well as the facts, are set forth in the opinion. The issuance of a peremptory writ of mandamus is authorized or justified only by the presentation of facts proving that the relator has a clear and plain right beyond the touch of a doubt or question, to the performance of the act demanded and that the duty, equally unquestionable, rests upon the person or…
1Opinion of the CourtO’Bbien, J.
The Supreme Court, upon the application of the relator, has made an order directing that a peremptory writ of mandamus issue to the board of supervisors of the county of Chemung, constituting the board of county canvassers, commanding them forthwith to reassemble and reconvene, recanvass and retabulate and forward to the secretary of state a true and correct canvass and statement of the result of the last general election, so far as the same relates to representative in congress in six of the election districts in the city of Elmira. The board was further required to make the estimate and…
2Cited by13 opinions
- People ex rel. Attorney General v. ToolSupreme Court of Colorado · 1905
- Duty v. ThompsonWest Virginia Supreme Court · 1916
- State ex rel. Sunderall v. McKenzieNorth Dakota Supreme Court · 1901
- Smith v. Board of CanvassersNew York Supreme Court · 1915
- In re the Election of Member of Assembly for the First DistrictNew York Supreme Court · 1896
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