Armstrong v. Simonson

The defendant in error, A. J. Simonson, obtained an alternative writ of mandamus, commanding the plaintiff in error, Charles M. Armstrong, as secretary of state, to accept for filing a certificate nominating Simonson as a candidate of the Republican Party for the office of state senator for the First Senatorial District, or to show cause why he does not do so. The demurrer of Armstrong to the writ was overruled. He stood upon his demurrer, and thereupon the writ was made peremptory.

The writ discloses this state of facts: At the assembly of the Republican Party, held August 1, 1928, Simonson…