Sharp v. Farrell

The plaintiff seeks a writ of mandamus to compel the defendant to file and canvass his petition as candidate for the office of circuit judge at the general primary election to be held in September, 1928. The defendant refused the petition for the reason that the plaintiff is a justice of the peace of the city of Detroit, Michigan, and that, prior to presenting his nomination petition, he did not resign from the office he was hold ing as required by the following provision of thea city charter:

“No elective officer or salaried officer appointed by the mayor shall be a candidate for any public…