Matter of Fraser v. . Brown
New York Court of Appeals
Appeal from an order of the Appellate Division of the Supreme Court in the fourth judicial department, entered September '28, 1911, which affirmed an order of Special Term denying as matter of law, and not in the exercise of discretion, a motion for a peremptory writ of mandamus requiring the registration of the appellants without their personal appearance before the hoard of election inspectors. The facts, so far as material, are stated in the opinion.
Read the full summary
Appeal from an order of the Appellate Division of the Supreme Court in the fourth judicial department, entered September '28, 1911, which affirmed an order of Special Term denying as matter of law, and not in the exercise of discretion, a motion for a peremptory writ of mandamus requiring the registration of the appellants without their personal appearance before the hoard of election inspectors. The facts, so far as material, are stated in the opinion. Section 159 of the Election Law, as amended by chapter 649 of the Laws of 1911, is unconstitutional, because it requires personal…
1Opinion of the CourtVann, J.
The counsel for the respondents waive all irregularities and unite with the counsel for the appellants in urging a decision of this appeal as soon as possible, so that the result may be known in time to govern inspectors of election in preparing the registry lists for the annual election now near at hand. • The limited time at our disposal while the court is in session renders extended discussion impossible, but as the single question involved is within a narrow compass and does not require elaborate treatment, the interest of the public leads us.to a brief expression of our views at the…
2Cited by13 opinions
- McLucas v. State Bridge Building AuthoritySupreme Court of Georgia · 1953
- Siwek v. MahoneyNew York Court of Appeals · 1976
- Bareham v. City of RochesterNew York Supreme Court · 1927
- In re the Certificate Nominating TerryAppellate Division of the Supreme Court of the State of New York · 1911
- Alacqua v. BaudanzaCivil Court of the City of New York · 1981
8 more not listed; retrieve them via the Exa API.