The People v. . Saxton
New York Court of Appeals
Appeal from the Supreme Court. Action in the nature of quo warranto, to determine the title of the defendant to the office of clerk of Ulster county, to which, by the certificate of the county canvassers, he had been declared to have been elected by a plurality of one vote, at the general election in November, 1858. Upon the trial before Mr. Justice Weight, ar the Ulster Circuit, these facts appeared: There were three candidates for the office of county clerk, who received…
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Appeal from the Supreme Court. Action in the nature of quo warranto, to determine the title of the defendant to the office of clerk of Ulster county, to which, by the certificate of the county canvassers, he had been declared to have been elected by a plurality of one vote, at the general election in November, 1858. Upon the trial before Mr. Justice Weight, ar the Ulster Circuit, these facts appeared: There were three candidates for the office of county clerk, who received nearly all the votes cast, viz., the defendant Sax-ton, the plaintiff Hommell, and one Cornelius Burhans. It was proved,…
1Opinion of the Court
Welles and Selden, Js.,
delivered opinions in favor of affirming the judgment, and discussing at length several exceptions taken at the trial. They are not reported, for the reason that the court, after considering them, put its judgment, all the judges concurring, upon this ground: The intention of the voter is to be inferred, not from evidence given by him of the mental purpose with which he deposited his ballot, or his notions of the legal effect of what it contained or omitted, but by a reasonable construction of his acts. His writing a name upon a ballot in connection with the title of an…
2Cited by18 opinions
- People ex rel. Williams v. CicottMichigan Supreme Court · 1868
- Kreitz v. BehrensmeyerIllinois Supreme Court · 1888
- City of Beardstown v. City of VirginiaIllinois Supreme Court · 1875
- Berkey v. JuddSupreme Court of Minnesota · 1875
- Wilson v. NoonanWisconsin Supreme Court · 1874
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