State ex rel. Spofford v. Gifford
Idaho Supreme Court
Original action for restraining order enjoining and restraining the secretary of state from certifying nominations. Under sec. 382, the Progressive party was entitled to hold a convention for the nomination of state officers.
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Original action for restraining order enjoining and restraining the secretary of state from certifying nominations. Under sec. 382, the Progressive party was entitled to hold a convention for the nomination of state officers. See. 385 has no application whatever to an organized assemblage of electors, but was intended only to permit of the filing of independent candidates for publie office by the number of electors mentioned in the statute, said electors not being an organized body of electors. (State ex rel. Bussell v. Toolter, 18 Mont. 540, 46 Pac. 530, 34 L. R. A. 315; State ex rel. Woody…
1Opinion of the CourtAilshie, J.
(After Stating the Facts.) — No question has been raised as to the original jurisdiction of this court to grant the relief sought herein, and so that question is not here involved.
It is conceded that what is known and here designated as the Progressive party is not a “political party” within the meaning of the primary election laws as defined by sec. 2 thereof (1909 Sess. Laws, 197). It is also admitted that it was not “an organization of electors” (sec. 11) prior to July 30th, the day of the primary election. It is likewise conceded that a Progressive party was organized at St. Anthony on…
2Cases cited11 opinions
- Mix v. Board of County CommissionersIdaho Supreme Court · 1910
- State ex rel. Russel v. TookerMontana Supreme Court · 1896
- Phillips v. CurtisIdaho Supreme Court · 1894
- Partridge v. DevotoCalifornia Supreme Court · 1905
- State ex rel. Gillis v. JohnsonMontana Supreme Court · 1896
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3Cited by4 opinions
- Spreckels v. GrahamCalifornia Supreme Court · 1924
- McDougall v. SheridanIdaho Supreme Court · 1913
- State ex rel. Wheeler v. StewartMontana Supreme Court · 1924
- Spreckels v. GrahamCalifornia Supreme Court · 1924