Rabbit v. Garand
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendants, John 0. Garand and another, as primary inspectors, and others, from an order made by a justice of the Supreme Court, and entered in the office of the clerk of the county of Albany on the 19th day of October, 1903, canceling and setting aside a certificate and statement of primary inspectors in the third election district of the fourth ward in the city of Cohoes.
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Appeal by the defendants, John 0. Garand and another, as primary inspectors, and others, from an order made by a justice of the Supreme Court, and entered in the office of the clerk of the county of Albany on the 19th day of October, 1903, canceling and setting aside a certificate and statement of primary inspectors in the third election district of the fourth ward in the city of Cohoes. This is a proceeding commenced under section 11 of the Primary Election Law, before a justice of the court to review the action or neglect of the board of inspectors of primary elections in the third election…
1Opinion of the Court
Chester, J. :
The appellants having withdrawn their answer and having expressed their intention not to question the merits of the petitioners’ application, but to stand upon their preliminary objections to jurisdiction, the only question we need to discuss is as to the power of the justice to make the order appealed from.
Section 11 of the Primary Election Law (Laws of 1899, chap. 473), under which this proceeding was commenced, so far as is pertinent to this inquiry, is as follows: “ Any action or neglect * * * of any inspector of primary election, or of any public officer or board with regard…
2Cited by2 opinions
- In re HinesAppellate Division of the Supreme Court of the State of New York · 1910
- In re CoughlinAppellate Division of the Supreme Court of the State of New York · 1910