State ex rel. Montgomery v. Anderson
North Dakota Supreme Court
Appeal from District Court, Grand Forks county; Templeton, J. Mandamus by the state, on the relation of E. R. Montgomery, commanding Hans Anderson, as auditor of Grand Forks county, to - recognize relator as the duly nominated Democratic candidate for the office of clerk of the district court of that county, or to show cause, etc. From- an order sustaining a demurrer to the alternative writ issued, relator appeals.
1Opinion of the CourtSpalding, J.
This action is here on appeal from an order of the district -court of Grand Forks county, sustaining a demurrer to the alternative writ of mandamus theretofore issued by that court, commanding the respondent to recognize and treat the relator as the duly nominated Democratic candidate for the office of clerk of the district court of Grand Forks county, to be voted for at the next ensuing general election, or to show cause, etc. The only question raised is the constitutionality of section 12, c. 109, -p. 157, Laws 190-7, said chapter being the primary election law, and section 12 reading as…
2Cases cited9 opinions
- State ex rel. Adair v. DrexelNebraska Supreme Court · 1905
- Kenneweg v. County Commissioners of Allegany CountyCourt of Appeals of Maryland · 1905
- DeWalt v. Bartley, Pennsylvania Court of Common Pleas, Philadelphia County1892
- Commonwealth ex rel. McCormick v. ReederSupreme Court of Pennsylvania · 1895
- Hopper v. StackSupreme Court of New Jersey · 1903
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3Cited by15 opinions
- State ex rel. McGrael v. PhelpsWisconsin Supreme Court · 1910
- State ex rel. Rausch v. Amerada Petroleum Corp.North Dakota Supreme Court · 1951
- Riter v. DouglassNevada Supreme Court · 1910
- State ex rel. Miller v. FlahertyNorth Dakota Supreme Court · 1912
- Martínez Nadal v. SaldañaSupreme Court of Puerto Rico · 1924
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