Powers v. Theofel

Appellate Division of the Supreme Court of New York

Powers v. Theofel

226 A.D. 696

Appellate Division of the Supreme Court of the State of New York·Decided March 15, 1929·Published·Cited by 2 cases

Opinion

Order reversed upon the law, witn ten dollars costs and disbursements, and motion granted, with ten dollars costs. In our opinion the action may be maintained. (Brown v. Cole, 54 Misc. 278; Cummings v. Bailey, 53 id. 142; affd., 120 App. Div. 892.) The record shows that the amended rules of the Democratic county committee of Queens county were not adopted by a majority of that committee as required by section 15 of the Election Law. They are, therefore, invalid and their enforcement may be enjoined. Lazansky, P. J., Rich, Young, Kapper and Seeger, JJ., concur.

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Order reversed upon the law, witn ten dollars costs and disbursements, and motion granted, with ten dollars costs. In our opinion the action may be maintained. (Brown v. Cole, 54 Misc. 278; Cummings v. Bailey, 53 id. 142; affd., 120 App. Div. 892.) The record shows that the amended rules of the Democratic county committee of Queens county were not adopted by a majority of that committee as required by section 15 of the Election Law. They are, therefore, invalid and their enforcement may be enjoined. Lazansky, P. J., Rich, Young, Kapper and Seeger, JJ., concur.

Powers v. Theofel, 226 A.D. 696 (N.Y. Ct. App. 1929).

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Opinion

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