Matter of Fallon
New York Court of Appeals
Cross-appeals from an order of the Appellate Division of the Supreme Court in the first judicial department, entered December 1Y, 1909, which modified and affirmed as modified an order of Special Term granting a motion for a peremptory writ of mandamns to compel the board of county canvassers of the county of New York to recanvass and recount certain ballots voted at the last general election which had been rejected as void or objected to and laid aside by inspectors of…
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Cross-appeals from an order of the Appellate Division of the Supreme Court in the first judicial department, entered December 1Y, 1909, which modified and affirmed as modified an order of Special Term granting a motion for a peremptory writ of mandamns to compel the board of county canvassers of the county of New York to recanvass and recount certain ballots voted at the last general election which had been rejected as void or objected to and laid aside by inspectors of election. If ballots really void under the Election Law have been treated by the inspectors of election as ballots marked…
1Per curiam
Counsel differ as to the rule of construction that should be applied to the Election Law (Oons. Laws, ch. 17) with reference to the method of marking ballots by electors. This difference of opinion relates especially to two words appearing in the statute, to wit: 1. The word “ single,” as used in subdivision 9 of section 368 as follows : “A void ballot is a ballot upon which there shall be found any mark other than a single cross X mark made for the purpose of voting.” 2. The word “ straight ” as used in rule 7 of section 358 as follows : “ One straight line crossing another straight line at…
2Cases cited1 opinion
- People Ex Rel. Feeny v. . Bd. of CanvassersNew York Court of Appeals · 1898
3Cited by9 opinions
- Mondello v. Nassau County Board of ElectionsAppellate Division of the Supreme Court of the State of New York · 2004
- In re GarvinAppellate Division of the Supreme Court of the State of New York · 1915
- People ex rel. Colne v. SmithAppellate Division of the Supreme Court of the State of New York · 1919
- People ex. rel. Karns v. PorterAppellate Division of the Supreme Court of the State of New York · 1917
- In re WinchesterNew York Supreme Court · 1924
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