State ex rel. Smith v. Marsh

This proceeding is strictly statutory. It is not a mandamus proceeding but is somewhat akin thereto, as stated by Judge Good in his opinion in State v. Marsh, 117 Neb. 579. In respect of the relief asked, this particular case is rather a mandatory injunction. It was instituted pursuant to the provisions of section 2119, Comp. St. 1922, as amended by section 3, ch. 108, Laws 1925, now known as section *28832-1129, Comp. St. 1929. So far as applicable, the statute is as follows:

“All certificates of nomination or nomination statements, which are in apparent conformity with the provisions of this…