People ex rel. Haverly v. Hanes
New York Supreme Court
This is .an alternative writ of mandamus directed to the hoard of election inspectors of the second election district of the town of Westerlo, Y. Y., and the board of canvassers of said town, to which proceeding the State' Commissioner of Excise is also made a parly under the provisions of the Liquor Tax Law.
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This is .an alternative writ of mandamus directed to the hoard of election inspectors of the second election district of the town of Westerlo, Y. Y., and the board of canvassers of said town, to which proceeding the State' Commissioner of Excise is also made a parly under the provisions of the Liquor Tax Law. At the town meeting held in the said town of Westerlo on Yovember 3, 1903, the four local option questions as provided by section 16 of the Liquor Tax Law were submitted to the electors of said town. The result of the election as canvassed and declared by the town canvassers showed an…
1Opinion of the CourtCochrane, J.
The relator seeks by this proceeding to require the board of election inspectors to recount and re-. canvass ballots heretofore counted and canvassed by them, and on such recount to reject ballots heretofore counted by them and to count ballots heretofore rejected by them as void.
Where the terms of office of the inspectors have expired, as in this case, they cannot independently of the Election Law be compelled by mandamus to reconvene and recanvass the ballots. People ex rel. Gaige v. Reardon, 49 Hun, 425; People ex rel. Bailey v. Supervisors of Greene, 12 Barb. 217; People ex rel. Stevens…
2Cases cited6 opinions
- People Ex Rel. Francis v. . Common CouncilNew York Court of Appeals · 1879
- Secretary v. McGarrahanSupreme Court of the United States · 1870
- People ex rel. Bailey v. Supervisors of GreeneNew York Supreme Court · 1851
- Hadley v. . MayorNew York Court of Appeals · 1865
- People Ex Rel. Stevens v. . HaytNew York Court of Appeals · 1876
1 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- People Ex Rel. Griffith v. BundySupreme Court of Colorado · 1941
- Capper v. StotlerSupreme Court of Kansas · 1912
- Dotson v. RitchieSupreme Court of Arkansas · 1947