Legal Opinion

State v. Carey

Supreme Court of Delaware

Decided March 15, 1955No. Mandamus, 31, 1954PublishedCited by 17 opinions

1Opinion of the Court

Southerland, C. J.:

James W. Smith, the relator, seeks a writ of mandamus to • the Superior Court of Sussex County, sitting as the Board of Canvass, directing it to reconvene and recanvass the vote and issue to him a certificate of election.

The essential question is whether in the circumstances presented this Court should in the exercise of a sound discretion entertain the petition. The facts are these:

At the general election held November 2, 1954, James W. Smith and Raymond M. Lank were the opposing candidates for the office of Representative in the General Assembly from the Tenth…

2Cases cited6 opinions

  1. People ex rel. Drake v. MahaneyMichigan Supreme Court · 1865
  2. State ex rel. Biggs v. CorleySupreme Court of Delaware · 1934
  3. State v. HarringtonSupreme Court of Delaware · 1942
  4. State v. RichardsSupreme Court of Delaware · 1949
  5. Greenwood v. Board of Registrars of VotersMassachusetts Supreme Judicial Court · 1933

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3Cited by17 opinions

  1. Darby v. New Castle Gunning Bedford Education Ass'nSupreme Court of Delaware · 1975
  2. Brittingham v. Town of GeorgetownSupreme Court of Delaware · 2015
  3. Opinion of the JusticesSupreme Court of Delaware · 1964
  4. State v. TerrySupreme Court of Delaware · 1959
  5. Callaway v. Delaware Examining Board of Physical Therapists and Athletic TrainersSuperior Court of Delaware · 2024

12 more not listed; retrieve them via the Exa API.

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