Legal Opinion

Spencer v. Maloney

Supreme Court of Colorado

Decided September 15, 1900No. 4281PublishedCited by 4 opinions

Upon Review from the District Court of Arapahoe County. The controversy, nominally, is between the respondenst' here and the county clerk of Arapahoe county who refused to file, and print on the official ballot, the list of nominees for legislative, county and judicial offices certified to him by them as a committee appointed for that purpose by a nominating political convention.

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Upon Review from the District Court of Arapahoe County. The controversy, nominally, is between the respondenst' here and the county clerk of Arapahoe county who refused to file, and print on the official ballot, the list of nominees for legislative, county and judicial offices certified to him by them as a committee appointed for that purpose by a nominating political convention. The real controversy is between two wings of the Democratic party of Arapahoe county designated in the record as the Maloney and Speer factions. At the hearing by the county clerk whom, as it is said, the statute…

1Opinion of the CourtChief Justice Campbell

The learned judge of the district court, perceiving that the controversy was one between two factions of the same political party, each claiming to represent, and each claiming to have duly made nominations in behalf of, that party, felt bound-to follow the decisions of this court in People v. District Court, 18 Colo. 26, and People ex rel. v. McGaffey, 23 Colo. 156, and so ordered both tickets to be printed on the official ballot. In the former case, decided in 1892, speaking of a substantially similar controversy before the secretary of state, this court said: “Our conclusion is that *46under…

2Cases cited11 opinions

  1. People ex rel. Eaton v. District CourtSupreme Court of Colorado · 1892
  2. Whipple v. BroadSupreme Court of Colorado · 1898
  3. Leighton v. BatesSupreme Court of Colorado · 1897
  4. Twombly v. SmithSupreme Court of Colorado · 1898
  5. People ex rel. Hodges v. McGaffeySupreme Court of Colorado · 1896

6 more not listed; retrieve them via the Exa API.

3Cited by4 opinions

  1. State ex rel. Cook v. HouserWisconsin Supreme Court · 1904
  2. Walling v. LansdonIdaho Supreme Court · 1908
  3. People ex rel. Lowry v. District Court of the Second Judicial DistrictSupreme Court of Colorado · 1903
  4. People ex rel. Roy v. Republican State Central CommitteeSupreme Court of Colorado · 1924

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