Hansen v. Devaney

Appellant (plaintiff) seeks a writ of mandate to compel respondent (defendant) as Bannock County Auditor to issue to appellant a certificate of nomination, thereby to entitle his name to be included on the general election ballot as the Republican party candidate for probate judge in Bannock County.

At the nominating election held June 7, 1960, in Bannock County, no candidate sought nomination as probate judge on the Republican ticket. The abstract of votes cast at such election, upon canvass of the returns thereof by the Board of County Commissioners, acting as the County Board of Canvassers,…