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Matter of Smith v. Briggs

Court of Appeals of the State of New York
Oct 22, 1941
37 N.E.2d 452 (N.Y. 1941)

Opinion

Argued October 21, 1941

Decided October 22, 1941

Appeal from the Supreme Court, Appellate Division, Third Department, DEYO, J.

Philip M. Smith, appellant, in person.

Leslie E. Briggs, respondent, in person.


Order of the Appellate Division reversed and order of the Special Term affirmed in so far as it declares Philip M. Smith to be the nominee for said office by said party. We hold that ballots with exhibit numbers 13, 66 and 183 are blank as to the office of District Attorney. We hold that ballots with exhibit numbers 29, 32, 41, 100 and 122 are void. In other respects we agree with the findings of the Appellate Division. Accordingly we find that Philip M. Smith received 1,477 votes and Leslie E. Briggs 1,476 votes. No opinion.

Concur: LEHMAN, Ch. J., LOUGHRAN, FINCH, RIPPEY, LEWIS, CONWAY and DESMOND, JJ.


Summaries of

Matter of Smith v. Briggs

Court of Appeals of the State of New York
Oct 22, 1941
37 N.E.2d 452 (N.Y. 1941)
Case details for

Matter of Smith v. Briggs

Case Details

Full title:In the Matter of PHILIP M. SMITH, Appellant, against LESLIE E. BRIGGS…

Court:Court of Appeals of the State of New York

Date published: Oct 22, 1941

Citations

37 N.E.2d 452 (N.Y. 1941)
37 N.E.2d 452

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