Capper v. Stotler

(dissenting) : The court finds no reason *404for refusing the writ save the Rosenthal decision.. This is not the Rosenthal case. There all the canvassing boards had adjourned sine die, the certificate of election had been issued and the relief demanded was that the state board be required to reconvene, determine that another had been elected and issue to him a new certificate. It was said that if the board had discharged all of the duties which the law especially enjoined upon it, before its final adjournment, the writ could not issue; that there was nothing to cause suspicion or to demand any…