State ex rel. McArthur v. McLean
North Dakota Supreme Court
Original application to the Supreme Court for the issuance of its prerogative writs in order to oust one Fred McLean from the position of chairman of the Democratic State Central Committee. Statement of facts by Bruce, J. ' This is an application for the exercise of jurisdiction of this court, and is brought to test the right of Fred McLean to the office of chairman of the Democratic state central committee.
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Original application to the Supreme Court for the issuance of its prerogative writs in order to oust one Fred McLean from the position of chairman of the Democratic State Central Committee. Statement of facts by Bruce, J. ' This is an application for the exercise of jurisdiction of this court, and is brought to test the right of Fred McLean to the office of chairman of the Democratic state central committee. The amended petition is as follows: Comes now D. H. McArthur, and for amended petition respectfully represents unto your Llonors and alleges: That he is a citizen, resident, and legal…
1Opinion of the CourtBruce, J.
(after stating the facts as above).' The first question to be determined is whether the supreme court can, in the exercise of its original jurisdiction, interfere with or supervise the conduct of the members of the state central committee of the respective parties of this state, and insist that such committee shall conform to the provisions of the statute and of the Constitution in relation to the selection of their officers.
The second is whether, if the court has this power, it should exercise it, the rule seeming to be that its discretion is at any rate involved in all such matters.
Section…
2Cases cited21 opinions
- State ex rel. Attorney General v. CunningamWisconsin Supreme Court · 1892
- Ritchie v. PeopleIllinois Supreme Court · 1895
- State ex rel. Bolens v. FrearWisconsin Supreme Court · 1912
- State ex rel. Linde v. TaylorNorth Dakota Supreme Court · 1916
- State ex rel. Lamb v. CunninghamWisconsin Supreme Court · 1892
16 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- People v. BradyIllinois Supreme Court · 1922
- State Ex Rel. Spaeth v. MeiersNorth Dakota Supreme Court · 1987
- State ex rel. Lofthus v. LangerNorth Dakota Supreme Court · 1920
- State ex rel. Byerley v. State Board of CanvassersNorth Dakota Supreme Court · 1919
- State Ex Rel. Peterson v. OlsonNorth Dakota Supreme Court · 1981
9 more not listed; retrieve them via the Exa API.