# Schieffelin v. Komfort

> Appellate Division of the Supreme Court of the State of New York · August 27, 1914 · 163 A.D. 741

URL: https://www.frixlaw.com/law-library/cases/5233240

## Case

- **Full name:** William Jay Schieffelin v. V. Komfort and Others, Constituting the Board of Elections and Custodians of Primary Records for Albany County, and Others
- **Court:** Appellate Division of the Supreme Court of the State of New York
- **Decided:** August 27, 1914
- **Citations:** 163 A.D. 741; 149 N.Y.S. 65; 1914 N.Y. App. Div. LEXIS 7655
- **Precedential status:** Published
- **Opinion:** Concurrence by Hotchkiss
- **Judges:** Dowling, Hotchkiss, Ingraham, Laughlin
- **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/5233240

## Opinion text

Hotchkiss, J.:
I concur with the learned presiding justice. The construction given to the word “ election,” as found in article 2 of the Constitution, does not require that the word shall be similarly defined and limited when used in criminal or other statutes which have for their object the purity of the ballot and its protection from fraud whenever, at the polls, the people seek to express themselves upon any question, whether it be in the' choice of candidates for office or on any other matter. In brief, I think the word “election” is susceptible of different constructions, according to “the subject-matter, and the context, the apparent policy and objects of the Legislature.” (State v. Hirsch, 125 Ind. 207, 213 , quoting Endlich Interp. Stat. § 337.)

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/5233240. Public record. Not legal advice.