People Ex Rel. Brown v. . Freisch
New York Court of Appeals
Appeal, in each of the above-entitled proceedings, from an order of the Appellate Division of the Supreme Court in the second judicial department, entered May 7, 1915, which modified and affirmed as modified an order of Special Term granting a writ of peremptory mandamus in a proceeding instituted under section 381 of the Election Law. The facts, so far as material, are stated in the opinion.
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Appeal, in each of the above-entitled proceedings, from an order of the Appellate Division of the Supreme Court in the second judicial department, entered May 7, 1915, which modified and affirmed as modified an order of Special Term granting a writ of peremptory mandamus in a proceeding instituted under section 381 of the Election Law. The facts, so far as material, are stated in the opinion. The order of the Special Term in each case was contrary to law in that it authorized what must in practical effect result in a recanvass or recount of the ballots in the ballot boxes. (Matter of Towney…
1Opinion of the CourtHogan, J.
At the general election, Yovember 3d, 1914, the relator, Lathrop Brown, and the intervenor, Frederick 0. Hicks, were rival candidates for the office of representative in Congress from the first congressional district of the state, composed of the counties of Yassau and Suffolk and a portion of the county of Queens. In ninety-two of the one hundred and eighty-five election districts embraced in the congressional district the relator within twenty days after the election instituted proceedings under section 381 of the Election Law for a judicial investigation of the void, protested and wholly…
2Cases cited3 opinions
- People Ex Rel. Brink v. . WayNew York Court of Appeals · 1904
- Matter of Hearst v. . WoelperNew York Court of Appeals · 1905
- People Ex Rel. March v. . BeamNew York Court of Appeals · 1907
3Cited by28 opinions
- Mullen v. HeffernanNew York Supreme Court · 1948
- Matter of Smith v. . WenzelNew York Court of Appeals · 1915
- In re OliverAppellate Division of the Supreme Court of the State of New York · 1931
- Lester v. GrunerNew York Supreme Court · 1953
- People ex rel. Brown v. Board of SupervisorsAppellate Division of the Supreme Court of the State of New York · 1915
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