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Matter of the Application of J. William Atkinson for a Writ of Mandamus

New York Supreme Court1899-08
28 Misc. 694

Authorities cited

No cited authorities resolved to law.co cases yet.

Opinion

majority 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.