Miller v. Clark
Supreme Court of Kansas
Original proceeding in mandamus. STATEMENT. Within the time prescribed by law M. G. Miller and E. W. Sponable each filed, in the office of the secretary of state, a certificate of nomination, in due form, for the office of senator of the sixth senatorial district, which is composed of the counties of Miami and Johnson. Each of said candidates filed his objection with the secretary of state against the placing of the name of the other on the official ballot.
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Original proceeding in mandamus. STATEMENT. Within the time prescribed by law M. G. Miller and E. W. Sponable each filed, in the office of the secretary of state, a certificate of nomination, in due form, for the office of senator of the sixth senatorial district, which is composed of the counties of Miami and Johnson. Each of said candidates filed his objection with the secretary of state against the placing of the name of the other on the official ballot. There was a hearing had before the secretary of state, auditor, and attorney-general, and a decision made by them to the effect that the…
1Opinion of the Court
The opinion of the court was delivered by
Smith, J.:
The first and important question to be considered is whether or not, under the facts as they have been made to appear, this court will enter into an investigation of the controverted matters presented, involving the regularity of the proceedings had in the convention at Olathe, and decide which candidate was nominated according to the usages of the party and in conformity to the rules of parliamentary law applicable to deliberative bodies. The tribunal created by the statute, consisting of the secretary of state, auditor, and…
2Cases cited6 opinions
- Dudley v. . MayhewNew York Court of Appeals · 1849
- Woodworth v. BowlesSupreme Court of Kansas · 1900
- Chandler v. HannaSupreme Court of Alabama · 1882
- McIntire v. Western N. C. RailroadSupreme Court of North Carolina · 1872
- In re RedmondNew York Supreme Court · 1893
1 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- State ex rel. Cook v. HouserWisconsin Supreme Court · 1904
- Walls v. BrundidgeSupreme Court of Arkansas · 1913
- Anderson Cattle Co. v. Kansas Turnpike AuthoritySupreme Court of Kansas · 1957
- State ex rel. Wagner v. DahlWisconsin Supreme Court · 1909
- Allen v. BurrowSupreme Court of Kansas · 1904
6 more not listed; retrieve them via the Exa API.