Matter of Whitman. No. 1
New York Court of Appeals
Appeal from an order of the Appellate Division of the Supreme Court in the second judicial department, entered November 29, 1918, which modified and affirmed as modified an order of Special Term granting a motion for a recanvass and a judicial review of ballots cast at the general election, held November 5, 1918, for the office of governor 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 from an order of the Appellate Division of the Supreme Court in the second judicial department, entered November 29, 1918, which modified and affirmed as modified an order of Special Term granting a motion for a recanvass and a judicial review of ballots cast at the general election, held November 5, 1918, for the office of governor in a proceeding instituted under section 381 of the Election Law. The facts, so far as material, are stated in the opinion. The Appellate Division has wholly misconceived the power and duty of the courts to review the action of election officials. (Canst,…
1Concurrence
The relator applied to the Supreme Court for a writ of mandamus directing a recanvass of void and blank ballots in certain election districts of Richmond county. An application was made under section 381 of the Election Law. After a hearing the motion was granted and a recanvass of these ballots directed. The Appellate Division modified the order granting the writ and allowed the relator to inspect the ballots and nothing more. If it should appear that they were erroneously disposed of then it was ordered that a mandamus might issue. It is claimed here that the Appellate Division had no power…
2Cases cited6 opinions
- People Ex Rel. Feeny v. . Bd. of CanvassersNew York Court of Appeals · 1898
- People Ex Rel. Brink v. . WayNew York Court of Appeals · 1904
- Buell v. . Van CampNew York Court of Appeals · 1890
- Matter of Hearst v. . WoelperNew York Court of Appeals · 1905
- People Ex Rel. Brown v. . FreischNew York Court of Appeals · 1915
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