Fitzpatrick v. McAlister

BRANSON, V. O. J.

(dissenting). In this court the parties bear the same adversary positions as they bore in the district court. They are, therefore, referred to as plaint-itT and defendants.

One Kirby Fitzpatrick, as plaintiff, sued the State Board of Public Affairs, the State Election Board, and the individual members of each. He prayed relief, enjoining the defendants from causing to -be printed on the official Democratic primary ballots to be used throughout the state in the primary to be held, as required by law, the first Tuesday in August, 1926, the name of M. E. Trapp. The said M. E.…