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New York Supreme Court, 1899

In re Atkinson

In re Atkinson
New York Supreme Court · Decided August 15, 1899 · Stover
28 Misc. 694; 59 N.Y.S. 792

Counsel

Erost, Daring & Warner, for application., Thos. O’Connor (J. W. Houghton, of counsel), for Jacob D. Wood and William G. German, opposed.

In re Atkinson

Opinion of the Court

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.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.