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MATTER OF BURNS v. WILTSE

279 A.D. 36 (1951)

In the Matter of Luke A. Burns, Respondent, v. Milton A. Wiltse, Appellant, and Manford H. Jerome et al., as Commissioners of Election of Jefferson County, et al., Respondents

Appellate Division of the Supreme Court of the State of New York, Fourth Department.

October 29, 1951.

Attorney(s) appearing for the Case

Lawrence Conboy for Milton A. Wiltse, appellant.

Borden H. Mills for petitioner-respondent.

Laurence H. Kissell for Commissioners of Election of Jefferson County, respondents.

Henry A. Wise, in person, Chairman of Republican County Committee, respondent.

Present — TAYLOR, P. J., McCURN, VAUGHAN, PIPER and WHEELER, JJ.

Per Curiam.

In the fall primary for the year 1951, appellant Milton A. Wiltse was duly nominated as the Republican candidate for District Attorney of Jefferson County and Crandall F. Phillips was duly nominated as the Republican candidate for the office of County Judge of Jefferson County. Thereafter and on October 16, 1951, Crandall F. Phillips died thereby creating a vacancy in such nomination.

At a duly called...

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