Ballentine v. Willey
Idaho Supreme Court
PETITION by James M. Ballentine for a writ of mandate. The relator contends that the state board of canvassers, under provisions of the statute, had a ministerial duty to perform with respect to the returns in their hands from Ada county, showing the votes east in said county for the said J. M. Ballentine. It is within the power of the court at this time by its mandate to compel the performance of such duties.
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PETITION by James M. Ballentine for a writ of mandate. The relator contends that the state board of canvassers, under provisions of the statute, had a ministerial duty to perform with respect to the returns in their hands from Ada county, showing the votes east in said county for the said J. M. Ballentine. It is within the power of the court at this time by its mandate to compel the performance of such duties. (High on Extraordinary Legal Remedies, p. 49, sec. 60; In re Strong, 20 Pick. (Mass.) 484; People v. Riñes, 27 111. 242; People v. Billiard, 29 111. 419; Browns v. O’Brien, 2 Ind. 423;…
1Per curiam
This is an application made byJ. M. Ballentine for a writ of mandate to compel the defendants, as the state board of canvassers, to proceed to examine and make a statement of the whole number of votes cast at the election held November 8, 1892, for the office of member of the House of Representatives for Ada county, and make the proper return thereof to the Secretary of State, and to compel the Secretary of State to issue a certificate of election to the plaintiff to the said office of member of the House of Representatives from Ada county. An alternative writ was issued, and on the return…
2Cases cited5 opinions
- People Ex Rel. City of Rochester v. BriggsNew York Court of Appeals · 1872
- Allen v. LouisianaSupreme Court of the United States · 1881
- Slauson v. City of RacineWisconsin Supreme Court · 1861
- Hampton v. DilleyIdaho Supreme Court · 1892
- Maddox & Co. v. ClearyNebraska Supreme Court · 1892
3Cited by13 opinions
- Attorney General v. Suffolk County Apportionment CommissionersMassachusetts Supreme Judicial Court · 1916
- Caesar v. WilliamsIdaho Supreme Court · 1962
- Wright v. CallahanIdaho Supreme Court · 1940
- Batchelder v. City of Coeur D'AleneIdaho Supreme Court · 1962
- Ferbrache v. Drainage District No. 5Idaho Supreme Court · 1912
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