· 1/15/1882
Knapp v. Fowler
Citations
- 33 N.Y. Sup. Ct. 200
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that court has jurisdiction over mandamus action by persons elected as party officials at primary election but removed from office by party executive committee
- presenting a scenario in which several electors joined the affected committeepersons in challenging the party’s actions
- “Judicial interference, even with the internal organization of a political party, is justifiable if such internal organization may directly affect the performance of a public function and the public interest.” (emphasis added)
- “The invocation of judicial interference in this area must be restricted or circumscribed[.]”
- “In so holding, the majority may have overlooked one crucial fact— that before the outsiders can get in, the insiders must be ordered out. And this, I am afraid, no court should ever accomplish by writ of mandamus.”
- “The assumption of such obligations [to select nominees in special-election scenarios] by party organizations has marked the entry by such party organizations into an area of public activity which renders their activities in such area amenable to judicial supervision.”
Source: CourtListener parenthetical corpus (CC0).
Judges: Hardin, Mullin, Smith
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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