In re Atkinson
28 Misc. 694, 59 N.Y.S. 792
This text of 28 Misc. 694 (In re Atkinson) is published on Counsel Stack Legal Research, covering New York Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Bluebook
In re Atkinson, 28 Misc. 694, 59 N.Y.S. 792 (N.Y. Super. Ct. 1899).
Opinion
It was the duty of the inspectors to canvass the votes cast, after rejecting ballots that are declared void.
The duty is ministerial, and the official ballot is to be canvassed by the inspectors. They have no power to determine the questions of eligibility, or exercise any other judicial functions. These questions must be determined by the court in a proper action or proceeding.
The writ may issue.
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Related
Metz v. Maddox
121 A.D. 147 (Appellate Division of the Supreme Court of New York, 1907)
In re Atkinson
61 N.Y.S. 1131 (Appellate Division of the Supreme Court of New York, 1899)
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Bluebook (online)
28 Misc. 694, 59 N.Y.S. 792, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-atkinson-nysupct-1899.