State ex rel. Miller v. Harmon
Nevada Supreme Court
Original proceeding for writ of mandamus, by the State, on relation of John F. Miller, against Harley A. Harmon, County Clerk of Clark County. The facts sufficiently appear in the opinion. It was not the intention of the legislature to throw open the door to fraud. If the clerk has the power claimed by him, he could throw out a perfectly valid certificate after filing by reason of his acceptance for filing of a later one.
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Original proceeding for writ of mandamus, by the State, on relation of John F. Miller, against Harley A. Harmon, County Clerk of Clark County. The facts sufficiently appear in the opinion. It was not the intention of the legislature to throw open the door to fraud. If the clerk has the power claimed by him, he could throw out a perfectly valid certificate after filing by reason of his acceptance for filing of a later one. There would be absolutely no protection to one filing such a prior certificate in good faith, as against a later and fraudulent one accepted for filing at the last moment.…
1Per curiam
[1] This proceeding presents the sole question of the proper construction of section 6 of “An act relating to elections and to more fully secure the secrecy of the ballot,” approved March 13, 1891 (Stats. 1891, c. 40; Rev. Laws, 1838). So much of the section as is involved in this proceeding reads: “No person shall join in nominating, under the provisions of section 4 of this act, more than one nominee for each office to be filled. * * *” Section 4 of the aforesaid act, referred to in section 6, supra, makes provision for the nomination of candidates for public office by the filing of a…
2Cases cited7 opinions
- In re Official Ballot for the General Election of November, 1906Supreme Court of Minnesota · 1906
- State ex rel. Doud v. LesueurSupreme Court of Missouri · 1896
- Phillips v. CurtisIdaho Supreme Court · 1894
- In re the Independent Certificate of Nomination of SmithNew York Supreme Court · 1903
- Southall v. GriffithCourt of Appeals of Kentucky · 1896
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3Cited by6 opinions
- Porter v. Tempa Mining & Milling Co.Nevada Supreme Court · 1939
- Wilshire Insurance v. StateNevada Supreme Court · 1978
- Jacobs v. PyleSouth Dakota Supreme Court · 1928
- Rivera Lacourt v. Junta Estatal de EleccionesSupreme Court of Puerto Rico · 1971
- LAS VEGAS POLICE PROTECTIVE ASSOC. v. CITY OF LAS VEGAS (CIVIL)Nevada Supreme Court · 2026
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