Legal Opinion · Dissent

Norcop v. Jordan

California Supreme Court

Decided November 30, 1932No. Docket No. S.F. 14771Published

1Dissent

PRESTON, J., Dissenting.—I dissent.

Without intending to inject Holy Writ into a political tangle, I base this dissent upon the doctrine that the “Letter killeth but the Spirit giveth life.”

The word “defeated” when interpreted as in the majority opinion, corrects no evil and serves no purpose except to injure the applicant in favor of others who have in no sense been injured by him. It may curtail the prerogative of the electors of the Democratic party by refusing them the right to select their own candidate, thus favoring the opposing party nominee when no just claim to preference can exist.

Ro…

2Cases cited4 opinions

  1. United States v. KirbySupreme Court of the United States · 1869
  2. People v. Ventura Refining Co.California Supreme Court · 1928
  3. Armstrong v. SimonsonSupreme Court of Colorado · 1928
  4. Halteman v. GroganCourt of Appeals of Kentucky (pre-1976) · 1930

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