# In re Merow

> Appellate Division of the Supreme Court of the State of New York · May 2, 1906 · 112 A.D. 562

URL: https://www.frixlaw.com/law-library/cases/5198522

## Case

- **Full name:** In the Matter of the Application of John Merow, an Elector and Taxpayer of the Town of Little Valley, Cattaraugus County, New York, for an Order to Set Aside and Vacate the Return and Canvass Made by the Inspectors of Election for Said Town on the 7th Day of November, 1905, and the Canvass of the Said Town Board Made Thereon, on the Four Questions Submitted under Section 16 of the Liquor Tax Law at a Town Meeting of Said Town Held on Said Date, and for an Order Directing a Special Town Meeting of Said Town to Be Held under the Provisions of Section 16 of the Liquor Tax Law, at Which the Four Local Option Questions Designated in Said Section 16 May Be Submitted. Patrick W. Cullinan, Commissioner of Excise of the State of New York
- **Court:** Appellate Division of the Supreme Court of the State of New York
- **Decided:** May 2, 1906
- **Citations:** 112 A.D. 562; 99 N.Y.S. 9; 1906 N.Y. App. Div. LEXIS 726
- **Precedential status:** Published
- **Opinion:** Concurrence by Kruse
- **Judges:** Kruse, McLennan, Spring
- **Cited by:** 5 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/5198522

## Opinion text

Kruse, J. (concurring):
I concur in the opinion of the presiding justice save in one respect. I think the ballot should have Contained the.numbering and heading of the questions as stated in section 16 of the Liquor Tax Law (Laws of 1896, chap. 112, as amd. by Laws of 1905, chap. 680), but the omission of the election -officers 'to furnish ballots of that description did not of itself invalidate the election, and is not sufficient to warrant ordering a new election in view of the fact that the voters were not misled and the election affected thereby.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/5198522. Public record. Not legal advice.