Sears v. Kincaid

This is a mandamus proceeding brought by James K. Sears, who claims to be the nominee of the People’s Party for the office of state treasurer, to compel the defendant, as secretary of state, to receive and file his certificate of nomination and acceptance thereof, and to otherwise recognize him as the regular candidate of that party for said office. The alternative writ, setting forth the facts according to the plaintiff’s petition, avers, in *217substance, that at a regularly called state convention of the People’s Party, held in the City of Portland on March 23, 1898, the plaintiff was…