# People ex rel. Gaige v. Reardon

> New York Supreme Court · October 15, 1888 · 3 N.Y.S. 560

URL: https://www.frixlaw.com/law-library/cases/5495675

## Case

- **Full name:** People ex rel. Gaige v. Reardon, Inspectors of Election
- **Court:** New York Supreme Court
- **Decided:** October 15, 1888
- **Citations:** 3 N.Y.S. 560; 56 N.Y. Sup. Ct. 425; 22 N.Y. St. Rep. 629
- **Precedential status:** Published
- **Opinion:** Concurrence by Follett
- **Judges:** Follett, Kennedy
- **Cited by:** 3 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/5495675

## Opinion text

Follett, J.
I concur in the result, upon the sole ground that, the terms-of office of the inspectors having expired, they cannot be compelled by mandamus to reconvene and recanvass the ballots. Secretary v. McGarrahan, 9 Wall. 298 ; U. S. v. Boutwell, 17 Wall. 604; State v. Elkinton, 30 N. J. Law, 335. The inspectors who were elected to succeed the defendants are without power to recanvass the ballots. Hadley v. Mayor, 33 N. Y. 603 . A manr damns would be unavailing. A remedy for such cases should be provided by statute. The canvass made by the defendants was plainly in violation of the-statute, which was read to them at the time, and they are not entitled to costs. The judgment should be reversed, without costs. Order reversed, without, costs.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/5495675. Public record. Not legal advice.