Legal Opinion

Eggleston v. Board of Canvassers

Appellate Division of the Supreme Court of the State of New York

Decided April 10, 1900PublishedCited by 16 opinions

Appeal from special term. Mandamus by the people, on relation of William Eggleston, against the board of town canvassers and boards of election inspectors of the town of Dayton, Cattaraugus county, to compel them to reject all votes cast on the question of local option at an election in such town. From an order denying a peremptory writ, relator appeals.

1Opinion of the CourtSpring, J.

In the month of September, 1899, electors of the town of Dayton, in the county of Cattaraugus, comprising more than 10 per centum of the number of votes cast at the general election in the fall of 1898, executed and acknowledged a petition requesting “that the question of excise as to license and no license may be submitted to the electors of said township for suffrage at the coming town meeting to be held; in said township on Tuesday, November 7, 1899.” This petition was directed to the town clerk of said town, and was filed by him October 7, 1899, but was taken therefrom by the clerk of the…

2Cases cited2 opinions

  1. Matter of TaylorNew York Court of Appeals · 1896
  2. Stack v. . City of BrooklynNew York Court of Appeals · 1896

3Cited by16 opinions

  1. Guernsey v. McHaleyOregon Supreme Court · 1908
  2. In re Town of La FayetteAppellate Division of the Supreme Court of the State of New York · 1905
  3. In re O'HaraNew York Supreme Court · 1903
  4. In re PowersNew York Supreme Court · 1901
  5. In re RowleyNew York Supreme Court · 1901

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