O'Brien v. Fuller

The defendant Roy claims that a nomination is essentially a public franchise, the right or title to which can be tested only by proceedings in the nature of quo warranto and that the present proceedings cannot be converted into that remedy since the Attorney-General is a necessary party thereto. However, the Attorney-General has appeared in behalf of the Secretary of State, and the present proceedings, by whatever name called, have resolved themselves into an inquiry as to which (if either) of the two principal contestants is entitled to prevail. Moreover, mandamus is generally held to be the…