Legal Opinion

State ex rel. Miller v. Burnham

North Dakota Supreme Court

Decided June 24, 1910PublishedCited by 4 opinions

Appeal from District Court, Foster county; Burke, J. Petition by Lyman N. Miller praying that a writ of mandamus be issued ordering and directing the defendant, C. W. Burnham, as county auditor of Foster county, to file in his office appellant’s petition. From an order denying the petition, petitioner appeals.

1Per curiam

This appeal is heard at this time by stipulation of parties and consent of this court. The question involved is whether a petition to place the name of the relator as a candidate for nomination for states attorney upon the ballot to be used at the primary election to be held June 29, 1910, should have been filed and such name printed upon the ballot by the county auditor of Foster county. The petitioner mailed his petition addressed to the county auditor at Carrington by registered letter at McHenry, Foster county, North Dakota, on the 27th day of May, 1910, with the request that it be filed.…

2Cases cited1 opinion

  1. State ex rel. Anderson v. FalleyNorth Dakota Supreme Court · 1900

3Cited by4 opinions

  1. Koella v. State Ex Rel. MoffettTennessee Supreme Court · 1966
  2. State Ex Rel. Englert v. MeierNorth Dakota Supreme Court · 1962
  3. State Ex Rel. Burchard v. ByxneNorth Dakota Supreme Court · 1926
  4. State ex rel. Peterson v. HallNorth Dakota Supreme Court · 1919

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