People Brown v. . the Bd. of Supervisors of Suffolk Cty.
New York Court of Appeals
Cross-appeals in the first above-entitled proceeding from an order of the Appellate Division of the Supreme Court in the second judicial department, entered December 3, 1915, which modified and affirmed as modified an order of Special Term, in proceedings under section 381 of the Election Law, directing that certain ballots be added and certain ballots deducted from the total vote of the relator and the intervenor for the office of representative in Congress for the first…
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Cross-appeals in the first above-entitled proceeding from an order of the Appellate Division of the Supreme Court in the second judicial department, entered December 3, 1915, which modified and affirmed as modified an order of Special Term, in proceedings under section 381 of the Election Law, directing that certain ballots be added and certain ballots deducted from the total vote of the relator and the intervenor for the office of representative in Congress for the first congressional district. Cross-appeals in the second above-entitled proceeding from an order of the Appellate Division of…
1Per curiam
We think it is our duty to entertain jurisdiction of these appeals. It is true that Congress is the final judge of the qualifications of its own members, and that Congress has now convened. But it remains our duty to require the public officers of the state to comply with the state’s laws (People ex rel. Sherwood v. State Board of Canvassers, 129 N. Y. 360, 372). No certificate of election has yet been issued to either candidate; no return has been transmitted by the secretary of state to the House of Representatives; and neither candidate has yet been accepted or sworn in as a member. The…
2Cases cited1 opinion
- People Ex Rel. Sherwood v. State Board of CanvassersNew York Court of Appeals · 1891
3Cited by24 opinions
- McLeod v. State Board of CanvassersMichigan Supreme Court · 1942
- Wickersham v. State Election BoardSupreme Court of Oklahoma · 1960
- Williams v. MaasSupreme Court of Minnesota · 1936
- In re Remy Sportswear, Inc.New York Court of General Session of the Peace · 1959
- People ex. rel. Karns v. PorterAppellate Division of the Supreme Court of the State of New York · 1917
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