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. PuttermanOpinion
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.