Smith v. Wenzel
Appellate Division of the Supreme Court of the State of New York
Appeal by John Gr. Thomas and the Board of Canvassers of the county of Oneida and the city of Utica, defendants, from an order of the Supreme Court, made at the Oneida Special Term and entered in the office of the clerk of the county of Oneida on the 23d day of November, 1915, directing the issuance of a peremptory writ of mandamus, and also from an intermediate order entered in said clerk’s office on the 16th day of November, 1915, requiring the production and opening of a…
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Appeal by John Gr. Thomas and the Board of Canvassers of the county of Oneida and the city of Utica, defendants, from an order of the Supreme Court, made at the Oneida Special Term and entered in the office of the clerk of the county of Oneida on the 23d day of November, 1915, directing the issuance of a peremptory writ of mandamus, and also from an intermediate order entered in said clerk’s office on the 16th day of November, 1915, requiring the production and opening of a certain voting machine.
1Opinion of the Court
Kruse, P. J.:
The material facts are not in dispute. The relator and the appellant Thomas were rival candidates at the last election for the office of mayor of the city of Utica. The inspectors of election of one of the election districts of the city certified that 182 votes had been cast for Thomas, when in fact but 137 votes had been cast for him. It is not contended that the voting machine did not correctly register or count the votes. The mistake occurred through the inadvertence of one of the inspectors in not reading and announcing the correct number of votes cast as indicated by the…
2Cases cited3 opinions
- Matter of Tamney v. . AtkinsNew York Court of Appeals · 1913
- Matter of StewartNew York Court of Appeals · 1898
- People ex rel. Henness v. DouglassAppellate Division of the Supreme Court of the State of New York · 1911
3Cited by3 opinions
- Ginsberg v. HeffernanNew York Supreme Court · 1945
- Jones v. Town BoardNew York Supreme Court · 1962
- Sellers v. LaPietraNew York Supreme Court · 2009