Legal Opinion

State ex rel. Eaton v. Schmahl

Supreme Court of Minnesota

Decided May 17, 1918No. 20,999PublishedCited by 14 opinions

Upon the relation of Leo K. Eaton the supreme court granted its order directing Julius A. Sehmahl, as secretary of the state of Minnesota, to show cause why he should not refrain from causing the name of one James A. Peterson to be placed upon the official primary ballots of the several counties of the state as candidate for nomination for United States senator.

1Per curiam

Proceedings to restrain the secretary of state from placing upon the nominating election ballot for the June, 1918, primary election the name of James A. Peterson as a candidate for United States senator, on the ground that since the filing of his affidavit as such candidate he was convicted of a felony in the Federal court, sitting in this state, and is now under sentence by the judgment of that court to imprison-*220meat for a term of years, and is therefore ineligible to tbe office:

The proceedings must be dismissed. The office of United States senator is a Federal office created by the Federal…

2Cited by14 opinions

  1. U. S. Term Limits, Inc. v. ThorntonSupreme Court of the United States · 1995
  2. Holley v. AdamsSupreme Court of Florida · 1970
  3. Conrad Joyner v. Rose Mofford, Secretary of State, State of Arizona Robert K. Corbin, Attorney General, State of ArizonaCourt of Appeals for the Ninth Circuit · 1983
  4. Shub v. SimpsonCourt of Appeals of Maryland · 1950
  5. State Ex Rel. Chavez v. EvansNew Mexico Supreme Court · 1968

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