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MATTER OF BURNS v. WILTSE

303 N.Y. 319 (1951)

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

Court of Appeals of the State of New York.

Decided November 2, 1951

Attorney(s) appearing for the Case

Borden H. Mills for appellant.

Lawrence Conboy for Milton A. Wiltse, respondent.

Laurence H. Kissel, County Attorney, for Commissioners of Election of Jefferson County, respondents.

LEWIS, FULD and FROESSEL, JJ., concur with DYE, J.; CONWAY, J., dissents in opinion; LOUGHRAN, Ch. J., and DESMOND, J., taking no part.

[303 N.Y. 322]
DYE, J.

At the 1951 fall primary the Republican, Democratic and Liberal parties in Jefferson County nominated Milton A. Wiltse, Esq., as their candidate for the office of District Attorney. At the same primary the Republican and Democratic parties also nominated Hon. Crandall F. Phillips as their candidate for the office of County Judge of Jefferson County. Thereafter and on October 16, 1951, Judge Phillips died...

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