Legal Opinion

Hopper v. Stack

Supreme Court of New Jersey

Decided September 19, 1903PublishedCited by 30 opinions

On rule to show cause why a mandamus should not issue to compel the defendant, as county clerk, to receive and file a certificate nominating the relator as the candidate of bis party for the office of member of common council from tbe Fourth ward of the city of Hoboken, said certificate being in conformity with section 42 of “An act to regulate elections.”

1Opinion of the Court

The opinion of the court was delivered by

Garrison, J.

This is an application for a writ of mandamus to compel the clerk of Hudson county to receive and file a certificate of nomination made in accordance with the provision of the forty-first section of “An act to regulate elections,” as modified by section 1 of “An act relative to the time of elections, &c., in cities of this state,” approved February 28th, 1901. Pamph. L., p. 41.

The right that is set up rests upon these statutes, which have admittedly been repealed, if “A further supplement to an act entitled ‘An act to regulate elections,'’…

2Cases cited5 opinions

  1. Ladd v. HolmesOregon Supreme Court · 1901
  2. Commonwealth v. RogersMassachusetts Supreme Judicial Court · 1902
  3. State v. BlackSupreme Court of New Jersey · 1892
  4. State ex rel. Gulden v. JohnsonSupreme Court of Minnesota · 1902
  5. State v. HancockSupreme Court of New Jersey · 1892

3Cited by30 opinions

  1. Kesha Williams v. Stacey KincaidCourt of Appeals for the Fourth Circuit · 2022
  2. Koy v. SchneiderTexas Supreme Court · 1920
  3. State ex rel. Labauve v. MichelSupreme Court of Louisiana · 1908
  4. Ledgerwood v. PittsTennessee Supreme Court · 1909
  5. City of Butte v. PaltrovichMontana Supreme Court · 1904

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