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In re Fiske

77 N.Y.S. 1126 Court N.Y. App. Div. Decision date 1902-06-13 English

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p. 1126
In re FISKE.
(Supreme Court, Appellate Division, Second Department.
June 13, 1902.)

Headnote

In the matter of the application of Edwin W. Fiske for a writ of mandamus to the board of inspectors and poll clerks, etc.

We are of opinion that upon these papers the court below was not authorized or empowered in this proceeding to pass upon the validity of the 43 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.