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Matter of McKague v. Pearsall

Court of Appeals of the State of New York
Mar 14, 1938
14 N.E.2d 377 (N.Y. 1938)

Summary

In Matter of McKague v. Pearsall (277 N.Y. 333) it was held that when a nominating petition is authenticated by the affidavit of the witness before whom it was subscribed, such affidavit must be appended at the bottom of each sheet of the petition containing the signatures of the electors.

Summary of this case from Matter of Ransburg v. Putterman

Opinion

Argued March 14, 1938

Decided March 14, 1938

Appeal from the Supreme Court, Appellate Division, Second Department.

Israel J. Beck and Edward Marks for appellant. G. Burchard Smith for Henry Von Elm et al., respondents.

Samuel M. Levy for Howard E. Pearsall, as clerk of the village of Freeport, respondent.


We are of the opinion that section 137 of the Election Law (Cons. Laws, ch. 17), read in connection with section 135, requires that when a nominating petition is authenticated by the affidavit of the witness before whom it was subscribed, such affidavit must be appended at the bottom of each sheet of the petition containing signatures of the electors.

The orders should be reversed and the motion granted, without costs.

CRANE, Ch. J., LEHMAN, O'BRIEN, HUBBS, LOUGHRAN, FINCH and RIPPEY, JJ., concur.

Orders reversed, etc.


Summaries of

Matter of McKague v. Pearsall

Court of Appeals of the State of New York
Mar 14, 1938
14 N.E.2d 377 (N.Y. 1938)

In Matter of McKague v. Pearsall (277 N.Y. 333) it was held that when a nominating petition is authenticated by the affidavit of the witness before whom it was subscribed, such affidavit must be appended at the bottom of each sheet of the petition containing the signatures of the electors.

Summary of this case from Matter of Ransburg v. Putterman

In Matter of McKague v. Pearsall (277 N.Y. 333) the Court of Appeals, in construing section 137 of the Election Law, said "We are of the opinion that section 137 of the Election Law (Cons. Laws, ch. 17), read in connection with section 135, requires that when a nominating petition is authenticated by the affidavit of the witness before whom it was subscribed, such affidavit must be appended at the bottom of each sheet of the petition containing signatures of the electors."

Summary of this case from Matter of Holmes v. Citizen's Protective Party
Case details for

Matter of McKague v. Pearsall

Case Details

Full title:In the Matter of EDWARD McKAGUE, Appellant, against HOWARD E. PEARSALL, as…

Court:Court of Appeals of the State of New York

Date published: Mar 14, 1938

Citations

14 N.E.2d 377 (N.Y. 1938)
14 N.E.2d 377

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