In re Atkinson
59 N.Y.S. 792 | N.Y. Sup. Ct. | 1899
It was the duty of the inspectors to canvass the votes cast, after rejecting ballots that are declared void.
The 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.
The writ may issue.