Legal Opinion · Dissent

People ex rel. Spire v. General Committee of Republican Party

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

Decided February 6, 1898Published

Appeal from special term, Erie county. Application for mandamus by the people, on the relation of Leonard S. Spire, against the general committee of the Republican party, known as the Republican Organization of Erie County. From an order denying the writ, • relator appeals.

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Appeal from special term, Erie county. Application for mandamus by the people, on the relation of Leonard S. Spire, against the general committee of the Republican party, known as the Republican Organization of Erie County. From an order denying the writ, • relator appeals. The defendant is the political organization in the county of Erie of one of the two principal parties of this state, and as such it has duly adopted certain rules and by-laws for its government, and presumably for the furtherance of the principles of the political party which it represents. During the summer of 1897 the…

1Dissent

ADAMS, J. (dissenting).

The sole reason given by the relator for desiring to inspect and transcribe the defendant’s enrollment books *725is that the party primaries were called for the 28th day of September, and he wished an opportunity to determine whether all the electors were enrolled who were entitled to vote at such primaries, and also whether there had been any fraudulent enrollment of names upon the books. The time for holding these primaries having long since passed, it is manifest that no practical result can follow a determination of the question which the relator desires to have…

2Cases cited7 opinions

  1. People Ex Rel. Harris v. Commissioners of the Land OfficeNew York Court of Appeals · 1896
  2. In re CuddebackAppellate Division of the Supreme Court of the State of New York · 1896
  3. People ex rel. O'Sullivan v. New York Law SchoolNew York Supreme Court · 1893
  4. Matter of MaddenNew York Court of Appeals · 1895
  5. In re WoodworthNew York Supreme Court · 1892

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