Legal Opinion

In re Ulrich

New York County Courts

Decided May 31, 1910Published

Application by Charles Ulrich and another to open certain ballot boxes in the custody of the town clerk of the town of Bath, and to examine the ballots therein contained, in aid of an action in the Supreme Court against the State Excise Commissioner and others, to falsify the returns certified to by the election officers, by which defendants hold their several offices pursuant to an election held November 2, 1909.

1Opinion of the CourtBurrell, J.

The petition states that at the election held in the town of Bath, Steuben county, N. Y., on the 2d day of November, 1909, a vote was had pursuant to the provisions of the liquor tax law (Consol. Laws, c. 34), to determine whether liquor should be sold in said town; that on the question of the sale of liquor by hotel keepers the returns show that 827 persons voted in favor of and 847 persons voted against said question, which was numbered question No. 4. The petitioners allege that they believe that the question was really carried in the affirmative, instead of in the negative, and that an…

2Cases cited4 opinions

  1. People Ex Rel. Brink v. . WayNew York Court of Appeals · 1904
  2. Matter of Hearst v. . WoelperNew York Court of Appeals · 1905
  3. People v. . McClellanNew York Court of Appeals · 1908
  4. In re UlrichNew York County Court, Steuben County · 1910

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