State ex rel. Wolfe v. Falley
North Dakota Supreme Court
Original application for mandamus by the state on the relation of Charles E. Wolfe v. Fred Falley, Secretary of State. A public officer charged with the duty of certifying nominations cannot conclusively determine who has been legally nominated so as to entitle his name to be certified. State v. Miller, 39 N. E. Rep. 24; Williams v. Lezvis, 54 Pac.
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Original application for mandamus by the state on the relation of Charles E. Wolfe v. Fred Falley, Secretary of State. A public officer charged with the duty of certifying nominations cannot conclusively determine who has been legally nominated so as to entitle his name to be certified. State v. Miller, 39 N. E. Rep. 24; Williams v. Lezvis, 54 Pac. Rep. 339; Shields v. Jacobs, 50 N. W. Rep. 105; State v. Allen, 62 N. W. Rep. 35; State v. Falley, 8 N. D. 90; Baker v. Board, 68 N. W. Rep. 752. The secretary is not bound to certify all nominations apparently regular on their face, otherwise…
1Opinion of the CourtBartholomew, C. J.
On the application of Charles E. Wolfe, as relator, this court issued an alternative writ of mandamus directed to the Honorable Fred Falley, as secretary of state, directing him to certify to the proper county auditors the name of relator as the nominee of the Republican party for the office of district judge of the Fourth judicial district, or show cause for not so doing; said *452district being composed of the counties of Richland, Ransom, Sargent, Dickey, and McIntosh. The facts upon which relator bases his claim as such nominee vwere set out at length in the alternative writ, and, omitting…
2Cases cited12 opinions
- State ex rel. Sturdevant v. AllenNebraska Supreme Court · 1895
- Phelps v. PiperNebraska Supreme Court · 1896
- State ex rel. Woody v. RotwittMontana Supreme Court · 1896
- Dupuis v. Interior Construction & Improvement Co.Michigan Supreme Court · 1891
- State ex rel. Russel v. TookerMontana Supreme Court · 1896
7 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- State ex rel. Birdzell v. JorgensonNorth Dakota Supreme Court · 1913
- State ex rel. Howells v. MetcalfSouth Dakota Supreme Court · 1904
- State ex rel. Steel v. FabrickNorth Dakota Supreme Court · 1908
- Allen v. BurrowSupreme Court of Kansas · 1904
- State ex rel. Fosser v. LavikNorth Dakota Supreme Court · 1900
7 more not listed; retrieve them via the Exa API.