28 Misc. 694
Decided August 15, 1899
New York Supreme Court · decided 1899-08-15
Application, upon return of order to show cause, for writ of peremptory mandamus, requiring the inspectors of election of the two town election districts of the town of Waterford, Sara-toga county, to reconvene and make a corrected statement of the votes cast at the town election, held March 7, 1899, by including in such statement the number of votes cast for applicant for the office of justice of the peace.
Decided 1899-08-15
¶1It was the duty of the inspectors to canvass the votes cast, after rejecting ballots that are declared void.
¶2The duty is ministerial, and the official ballot is to be canvassed by the inspectors. They have no power to determine the questions of eligibility, or exercise any other judicial functions. These questions must be determined by the court in a proper action or proceeding.
¶3The writ may issue.