Phelps v. Piper

Ragan, C.

This action concerns the duty of the secretary of state in certifying nominations for state offices under the provisions of chapter 24, Session Laws, 1891, commonly known as the “Australian Ballot Law.” It was presented shortly before the last general election and its exigencies required an immediate decision, which was then rendered. Subsequently the parties withdrew the record for the purpose of making certain formal amendments to the pleadings, so that the preparation of an opinion has been necessarily delayed. Notwithstanding the manner in which the parties have entitled the…