Waggoner v. Schultheis

Appellate Division of the Supreme Court of New York

Waggoner v. Schultheis

6 A.D.2d 997, 177 N.Y.S.2d 902, 1958 N.Y. App. Div. LEXIS 4991

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

DecidedAugust 5, 1958

StatusPublished

This text of 6 A.D.2d 997 (Waggoner v. Schultheis) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Waggoner v. Schultheis, 6 A.D.2d 997, 177 N.Y.S.2d 902, 1958 N.Y. App. Div. LEXIS 4991 (N.Y. Ct. App. 1958).

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Opinion

Order reversed on the law and the facts,

without costs and petition granted. Findings of fact insofar as they may be inconsistent herewith are reversed, and new findings are made as indicated herein. By the testimony of the, subscribing witness, Robert I. Schultheis, to the petition it appears definitely that when the petition was circulated and signed only his name appeared at the top thereof, and that the name of [998]*998Dorothy Alberstadt was added after the signatures of the various electors, whose names appear upon the petition, had been affixed thereto. Wenzel, Acting P. J., Murphy, Ughetta and Kleinfeld, JJ., concur.

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Order reversed on the law and the facts,

without costs and petition granted. Findings of fact insofar as they may be inconsistent herewith are reversed, and new findings are made as indicated herein. By the testimony of the, subscribing witness, Robert I. Schultheis, to the petition it appears definitely that when the petition was circulated and signed only his name appeared at the top thereof, and that the name of [998]*998Dorothy Alberstadt was added after the signatures of the various electors, whose names appear upon the petition, had been affixed thereto. Wenzel, Acting P. J., Murphy, Ughetta and Kleinfeld, JJ., concur.

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Bluebook (online)

6 A.D.2d 997, 177 N.Y.S.2d 902, 1958 N.Y. App. Div. LEXIS 4991, Counsel Stack Legal Research, https://law.counselstack.com/opinion/waggoner-v-schultheis-nyappdiv-1958.