Napton v. Meek
Idaho Supreme Court
An original proceeding in Supreme Court for writ of mandate. While vacancy caused by death or insufficiency of certificate of nomination may be filled at any time, clerk has no authority to fill vacancies caused by declination, except when declination is made “as in this act provided.” (5th Sess. Laws, p. 37, see. 25.) The only ease apparently directed to point is Com. Hudson v. Martin, digested in 6 Gen. Dig.
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An original proceeding in Supreme Court for writ of mandate. While vacancy caused by death or insufficiency of certificate of nomination may be filled at any time, clerk has no authority to fill vacancies caused by declination, except when declination is made “as in this act provided.” (5th Sess. Laws, p. 37, see. 25.) The only ease apparently directed to point is Com. Hudson v. Martin, digested in 6 Gen. Dig. Annotated, page 2166. Other sections of election law regarding time are held mandatory; for instance, that certificate of nomination must be filed within a certain time. (State v.…
1Opinion of the CourtSullivan, J.
— This is an original proceeding in this court for a writ of mandate to Edgar Meek, clerk of the district court, and ex-officio auditor and recorder of Canyon county, *627to compel said auditor to file a certificate of nomination, whereby the plaintiff, Houston Napton, was nominated for the office of representative of the state of Idaho from said county, and to further command said auditor to have the name of the plaintiff properly printed on the official ballot of said county. It appears that one Allen K. Wright was nominated for said office of representative by the regular Democratic convention…
Also in this document: Concurrence.
2Cases cited9 opinions
- Jones v. StateIndiana Supreme Court · 1899
- Stackpole v. HallahanMontana Supreme Court · 1895
- In re CuddebackAppellate Division of the Supreme Court of the State of New York · 1896
- Baker v. ScottIdaho Supreme Court · 1895
- Griffin v. DingleyCalifornia Supreme Court · 1896
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3Cited by6 opinions
- Weisgerber v. Nez Perce CountyIdaho Supreme Court · 1921
- Williams v. HuntressTexas Supreme Court · 1954
- State Ex Rel. Ewing v. ReevesWashington Supreme Court · 1942
- State ex rel. Eastham v. DeweyNebraska Supreme Court · 1904
- State ex rel. Eastham v. DeweyNebraska Supreme Court · 1904
1 more not listed; retrieve them via the Exa API.