In re Norton
New York Supreme Court
This was an application for a peremptory writ of mandamus to compel the county clerk of Queens County to receive and file as of October 14th, 1898, the certificate of nomination.of the petitioner by the Democratic party as candidate for senator in the second district.
1Opinion of the Court
Gaynor J.:
By section 59 of the Election Law the last day for the petitioner to file his certificate of nomination was October 14th. Section 59 says (to use its exact words) that it “ shall be filed with the clerk of such county ”, i. e., Queens County. The petitioner offered it to the deputy county clerk at his residence at about 11 o’clock on the night of October 14th, but he declined to receive it.on the stated ground that the office of the county clerk, was closed, and that he could; not receive it .at his home. It is contended that as the statute did not in so many words require the…
2Cases cited1 opinion
- Hathaway v. . HowellNew York Court of Appeals · 1873
3Cited by10 opinions
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- Estate of Dunn v. KerbyIdaho Supreme Court · 1927
- Tim Manufacturing Co. v. Shelley Enterprises, Inc.Supreme Court of Puerto Rico · 1978
- In Re ByrneNew Jersey Superior Court Appellate Division · 1952
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