People ex rel. Brooks v. Bush
Appellate Division of the Supreme Court of the State of New York
Certiorari issued out of the Supreme Court, and attested on the 29th day of March, 1897, directed to John Bush and others, as justices of the peace of the town of Chateaugay, and Willard S. Alvord, town clerk of the town of Chateaugay, commanding them to certify and return to the office of the clerk of the county of Franklin all and singular their proceedings in conducting the town meeting in that town in March, 1897. This proceeding is instituted by the relator for the…
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Certiorari issued out of the Supreme Court, and attested on the 29th day of March, 1897, directed to John Bush and others, as justices of the peace of the town of Chateaugay, and Willard S. Alvord, town clerk of the town of Chateaugay, commanding them to certify and return to the office of the clerk of the county of Franklin all and singular their proceedings in conducting the town meeting in that town in March, 1897. This proceeding is instituted by the relator for the purpose of having declared void the proceedings of the annual town meeting held in the town of Chateaugay in March, 1897, at…
1Opinion of the Court
Merwin, J.:
In view of the well-established general proposition that an election is not to be set aside for a mere informality or irregularity which cannot be said in any manner to have affected the result of the election (1 Dillon on Mun. Corp. [4th ed.] § 197, note 3), it is *365not clear that the relator, upon the case here presented, has upon the merits any ground for relief. Be that as it may, it is very clear that in this proceeding we have no right to review the conduct complained of.
The justices of the peace were in the position of inspectors of election. As to such it was held in People…
2Cases cited3 opinions
- People Ex Rel. Trustees of Jamaica v. Board of SupervisorsNew York Court of Appeals · 1892
- People Ex Rel. Stapleton v. . BellNew York Court of Appeals · 1889
- In re ManyAppellate Division of the Supreme Court of the State of New York · 1896