State ex rel. Donnelley v. Hamilton
Nevada Supreme Court
Appeal from the District Court of the Seventh Judicial District of the State of Nevada, Esmeralda County; Peter J. Somers, Judge. Mandamus by the State, on the relation of J. P. Donnelley, as Chairman of the Republican County Central Committee of Esmeralda County, against Joseph Hamilton, as County Clerk of the county, to direct the removal ■'of the name of a candidate from the official ballot. From an order granting relief, defendant appeals.
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Appeal from the District Court of the Seventh Judicial District of the State of Nevada, Esmeralda County; Peter J. Somers, Judge. Mandamus by the State, on the relation of J. P. Donnelley, as Chairman of the Republican County Central Committee of Esmeralda County, against Joseph Hamilton, as County Clerk of the county, to direct the removal ■'of the name of a candidate from the official ballot. From an order granting relief, defendant appeals. The facts sufficiently appear in the opinion.
1Opinion of the Court
By the Court,
Talbot, J.:
The question presented relates to the right of the nominee of a political party to have his name withdrawn or omitted from the general election ballot after he has been regularly nominated by a majority of the voters of his party. T. V. Eddy was so nominated at the late primary election as a candidate of the Republican party, to be voted for at the general election to be held next Tuesday, for the office of district judge of the Seventh Judicial District, comprising Esmeralda County. Having become incapacitated by inflammatory rheumatism from making an active campaign,…
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