Legal Opinion

People ex rel. McCourt v. Whalen

Appellate Division of the Supreme Court of the State of New York

Decided December 18, 1920PublishedCited by 4 opinions

Appeal by the Republican County Committee and Republican Nominees, intervenors, from an order of the Supreme Court, made at the New York Special Term and entered in the office of the clerk of the county of New York on the 9th day of December, 1920, granting relator’s motion that the ballot boxes and the packages of void and protested ballots in the eleventh election district of the third Assembly district be opened and canvassed by the canvassing inspectors, and that they…

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Appeal by the Republican County Committee and Republican Nominees, intervenors, from an order of the Supreme Court, made at the New York Special Term and entered in the office of the clerk of the county of New York on the 9th day of December, 1920, granting relator’s motion that the ballot boxes and the packages of void and protested ballots in the eleventh election district of the third Assembly district be opened and canvassed by the canvassing inspectors, and that they file a return and tally thereof in accordance with the provisions of the Election Law.

1Opinion of the Court

Page, J.:

The New York county board of canvassers, of which the relator is chairman, met and organized pursuant to the Election Law for the purpose of canvassing the vote of the election of November 2, 1920. When the envelopes containing the returns from the eleventh election district of the third Assembly district were produced before said board and opened, it was found that the official return and tally sheets were in said envelopes but were entirely blank and failed to show the votes cast for the various candidates. The board of county canvassers thereupon summoned the canvassing inspectors…

2Cases cited11 opinions

  1. Matter of Tamney v. . AtkinsNew York Court of Appeals · 1913
  2. People Ex Rel. Brink v. . WayNew York Court of Appeals · 1904
  3. Matter of Hearst v. . WoelperNew York Court of Appeals · 1905
  4. People Ex Rel. Brown v. . FreischNew York Court of Appeals · 1915
  5. Matter of StewartNew York Court of Appeals · 1898

6 more not listed; retrieve them via the Exa API.

3Cited by4 opinions

  1. State Ex Rel. Robinson v. HutchesonTennessee Supreme Court · 1943
  2. In re GabelmannNew York Supreme Court · 1930
  3. People ex rel. Widmeyer v. GrunertNew York Supreme Court · 1923
  4. Callahan v. DennisNew York Supreme Court · 1955

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