Legal Opinion

Mansfield v. Secretary of the Commonwealth

Massachusetts Supreme Judicial Court

Decided October 19, 1917PublishedCited by 10 opinions

Petition, filed on October 16, 1917, for a writ of mandamus addressed to the Secretary of the Commonwealth commanding him, in the preparation of the official ballot for the election of Governor under St. 1913, c. 835, § 259, which provides that the names on the official ballot for election to office shall be arranged in alphabetical order according to the surnames, to print the name of the petitioner, Frederick W. Mansfield, before the name of Samuel W. McCall, an opposing…

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Petition, filed on October 16, 1917, for a writ of mandamus addressed to the Secretary of the Commonwealth commanding him, in the preparation of the official ballot for the election of Governor under St. 1913, c. 835, § 259, which provides that the names on the official ballot for election to office shall be arranged in alphabetical order according to the surnames, to print the name of the petitioner, Frederick W. Mansfield, before the name of Samuel W. McCall, an opposing candidate for the office of Governor. The answer of the respondent, as filed by the Attorney General, contained, among…

1Opinion of the CourtRugg, C. J.

This is a petition for a writ of mandamus to compel the secretary of the Commonwealth to place the name of the petitioner as candidate for Governor before that of Samuel W. McCall upon the official ballot for the impending state election.

It is the duty of the respondent to arrange the names of the several candidates for Governor upon the ballot "in alphabetical order according to the surnames.” St. 1913, c. 835, Part III, § 259. There has been a hearing before a single justice who has made a finding of facts. His conclusion, after a narration of various *264matters of probative value on the…

2Cases cited4 opinions

  1. Electric Welding Co. v. PrinceMassachusetts Supreme Judicial Court · 1909
  2. Bailey v. MardenMassachusetts Supreme Judicial Court · 1906
  3. Commonwealth v. National Contracting Co.Massachusetts Supreme Judicial Court · 1909
  4. Wade v. SmithMassachusetts Supreme Judicial Court · 1912

3Cited by10 opinions

  1. Andrews v. Board of Registrars of VotersMassachusetts Supreme Judicial Court · 1923
  2. Tsongas v. Secretary of the CommonwealthMassachusetts Supreme Judicial Court · 1972
  3. Madden v. Board of Election CommissionersMassachusetts Supreme Judicial Court · 1925
  4. Amory v. Assessors of BostonMassachusetts Supreme Judicial Court · 1941
  5. Albee v. Lamson & Hubbard Corp.Massachusetts Supreme Judicial Court · 1946

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