State ex rel. Norton v. Van Camp
Nebraska Supreme Court
Original application for mandamus to compel the respondent, Charles Van Camp, county clerk of Knox county, to call to his assistance two disinterested electors of the twentieth representative district, and with them compare the abstracts of votes cast at the election held November 8, 1892, made by the canvassing boards of the counties of Knox and Boyd for representative, and returned to said county clerk of Knox county by the county ■clerks of said counties, and issue to the…
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Original application for mandamus to compel the respondent, Charles Van Camp, county clerk of Knox county, to call to his assistance two disinterested electors of the twentieth representative district, and with them compare the abstracts of votes cast at the election held November 8, 1892, made by the canvassing boards of the counties of Knox and Boyd for representative, and returned to said county clerk of Knox county by the county ■clerks of said counties, and issue to the person appearing from said abstracts to have the highest number of votes a certificate of election as representative…
1Opinion of the CourtPost, J.
It is an elementary rule that the writ of mandamus will be denied unless the right of the petitioner to the relief demanded is clear. That rule applies with especial force to cases like the one under consideration, where the subject of the controversy is the office of representative in the legis*94lature. It is a fact known to all, and to which we cannot close our eyes, that in like cases, particularly in times of unusual political excitement, partisan bias and prejudice are liable to be imputed to judges on account of the soundest decisions, and by men who would without hesitation submit to…
Also in this document: Concurrence.
2Cases cited13 opinions
- Smith v. . the PeopleNew York Court of Appeals · 1872
- State ex rel. Waggoner v. RussellNebraska Supreme Court · 1892
- State ex rel. Jones v. County CommissionersNebraska Supreme Court · 1877
- State ex rel. Bates v. ThayerNebraska Supreme Court · 1891
- Temple v. MeadSupreme Court of Vermont · 1832
8 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- In re DennyIndiana Supreme Court · 1901
- State ex rel. Berge v. LansingNebraska Supreme Court · 1895
- Schuler v. HoganIllinois Supreme Court · 1897
- State ex rel. Crawford v. NorrisNebraska Supreme Court · 1893
- Board of Educational Lands and Funds v. GillettNebraska Supreme Court · 1954
7 more not listed; retrieve them via the Exa API.