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In re Brush

77 N.Y.S. 1122 Court N.Y. App. Div. Decision date 1902-06-13 English

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p. 1122
In re BRUSH.
(Supreme Court, Appellate Division, Second Department.
June 13, 1902.)

Headnote

In the matter of the application of Edward F. Brush for a writ of mandamus to the board of inspectors of elections, etc., in the First election district of the Second ward, etc.

We are of the opinion that upon these papers the court below was

p. 1123
not authorized or empowered in this proceeding to pass upon the validity of the 45 ballots mentioned in its order. In this view, the proper disposition of the case is to affirm the order below, without any determination as to such validity. See 75 N. Y. Supp. 285 ; 76 N. Y. Supp. 597 , 1010.