Legal Opinion

State ex rel. Peterson v. Hall

North Dakota Supreme Court

Decided November 10, 1919Published

Petition for original writs of mandamus. The courts have always construed the provisions of law governing nomination of candidates for office liberally and in the interest of the public. Where a statute requires that an act be performed a fixed number of days previous to a specific date, the last day should be excluded, and the first day included, in making the computation. State ex rel. Jones v. Board of Deputies, 112 N. W. 136; State ex rel.

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Petition for original writs of mandamus. The courts have always construed the provisions of law governing nomination of candidates for office liberally and in the interest of the public. Where a statute requires that an act be performed a fixed number of days previous to a specific date, the last day should be excluded, and the first day included, in making the computation. State ex rel. Jones v. Board of Deputies, 112 N. W. 136; State ex rel. Anderson v. Falley, 9 N. D. 464 j-Cosgriff v. Board of Election, 91 Pac. 98. Though the statute fixing the time for filing nomination certificates is…

1Opinion of the CourtGrace, J.

This is an original application to this court for a writ of mandamus commanding the defendant, as secretary of state, to certify the name of the relator to the county auditor of Towner county, which county constitutes the twenty-second legislative and senatorial district, to be placed on the ballot, to be voted at a special election to be held November 25 a. d., 1919, in said legislative district, and for a writ of mandamus commanding the county auditor of said Towner county to place the name of said O. P. Peterson upon the said election ballot, at said special election to be held at the time…

2Cases cited3 opinions

  1. State ex rel. Anderson v. FalleyNorth Dakota Supreme Court · 1900
  2. State ex rel. Burtness v. HallNorth Dakota Supreme Court · 1917
  3. State ex rel. Miller v. BurnhamNorth Dakota Supreme Court · 1910

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