In re Atkinson

28 Misc. 694, 59 N.Y.S. 792
CourtNew York Supreme Court
DecidedAugust 15, 1899
StatusPublished
Cited by2 cases

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

Stover, J.

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)

Cite This Page — Counsel Stack

Bluebook (online)
28 Misc. 694, 59 N.Y.S. 792, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-atkinson-nysupct-1899.