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In re Schaffer

131 N.Y.S. 456 Court N.Y. App. Div. Decision date 1911-11-01 English

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p. 456
In re SCHAFFER.
(Supreme Court, Appellate Division, First Department.
November 1, 1911.)

Headnote

Elections (§ 139*)—Certificate of Nomination—Statutory Provisions.
The requirement of the election law (Consol. Laws 1909, c. 17) that the oaths of the officers of a nominating convention be filed with the certificate of nomination is directory.
[Ed. Note.—For other cases, see Elections, Cent. Dig. § 127;' Dec. Dig. § 139.[1] ]
Appeal from Special Term, New York County.
In the matter of objections filed by George A. Schaefer to the certificate of nomination of Franklin Brooks for member of Assembly, etc. From an order sustaining objections, Brooks appeals. Affirmed.
Argued before INGRAHAM, P. J., and LAUGHLIN, CLARICE, MILLER, and DOWLING, JJ.
A. S- Gilbert, for appellant.
A. G. Meyer, for Independence League.
Terence Farley, for respondent.

We think that the requirement of the statute (Election Law [Consol. Laws 1909, c. 17]) that the oaths of the officers of the convention be filed is directory; but the proof of the taking of the statutory oaths presented at the Special Term was not sufficient.

The order should therefore be affirmed.