State Ex Rel. Whitney v. Findlay
Nevada Supreme Court
Application for Mandamus. The facts are stated in the opinion. The constitution contains all of the requirements and qualifications which are or can be required of, or prescribed for, an elector in this state. The statute of 1887. contains other and different and additional qualifications, and is therefore unconstitutional and void. (State ex rel. v. Williams, 5 Wis. 308; 68 Am.
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Application for Mandamus. The facts are stated in the opinion. The constitution contains all of the requirements and qualifications which are or can be required of, or prescribed for, an elector in this state. The statute of 1887. contains other and different and additional qualifications, and is therefore unconstitutional and void. (State ex rel. v. Williams, 5 Wis. 308; 68 Am. Dec. 67; State v. Lean, 9 Wis. 283; State v. Tuttle, 53 Wis. 49; Barker v. The People, 3 Cow. 686; 15 Am. Dec. 325.)
1Opinion of the Court
By the Court,
Hawley, J.:
Relator applied to respondent, a justice of the peace and ex offieio registry agent of Panaca township in Lincoln county, to be registered, as a voter, and offered to take the oath required by the act providing for the registration of the names of the electors. (Gren. Stat. 1505.) The registry agent refused to register his name unless he took the oath required by the “ act prescribing the qualifications and modifying the oath for the registration of voters in conformity therewith.” (Stat. 1887, 106.) This proceeding was thereupon instituted for the purpose of testing…
2Cases cited8 opinions
- State ex rel. Wood v. BakerWisconsin Supreme Court · 1875
- State ex rel. Knowlton v. WilliamsWisconsin Supreme Court · 1856
- Kinneen v. WellsMassachusetts Supreme Judicial Court · 1887
- State v. ButtsSupreme Court of Kansas · 1884
- Quinn v. StateIndiana Supreme Court · 1871
3 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- Cirac v. Lander CountyNevada Supreme Court · 1979
- Riter v. DouglassNevada Supreme Court · 1910
- Johnson v. County of Grand ForksNorth Dakota Supreme Court · 1907
- Nevadans for the Protection of Property Rights, Inc. v. HellerNevada Supreme Court · 2006
- Howell v. PateSupreme Court of Georgia · 1904
8 more not listed; retrieve them via the Exa API.