State ex rel. Yates v. Crittenden
Supreme Court of Missouri
Mandamus. (1) The State committee is not invested with plenary power to g'o into a county and set aside, of its own volition, a nomination made under the auspices of the regular party authorities of such county. This case is very different from the O’Malley case. Here there was no dispute that there was a regular county committee. The party was not disorganized. If the State committee could interfere here, then it may set aside a nomination in any county at will.
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Mandamus. (1) The State committee is not invested with plenary power to g'o into a county and set aside, of its own volition, a nomination made under the auspices of the regular party authorities of such county. This case is very different from the O’Malley case. Here there was no dispute that there was a regular county committee. The party was not disorganized. If the State committee could interfere here, then it may set aside a nomination in any county at will. We insist that the State committee has no such plenary power to annul and vacate nominations in that manner. (2) If, however it be…
1Opinion of the CourtGantt, J.
— G.n the seventeenth day of October, 1900, the relators filed in this court their petition for a writ of mandamus directed to Thomas T. Crittenden, county clerk of Jackson county, Missouri, and commanding him to rescind his decision and ruling wherein he recognized certain parties other than relators as the regular nominees of the Democratic party of Jackson county, Missouri, for legislative and county offices to be filled at the general election thereafter to be held on the sixth day of November, 1900, and to recognize the nominations *241for said legislative and county offices certified to him…
2Cases cited3 opinions
- Gage v. GatesSupreme Court of Missouri · 1876
- State ex rel. O'Malley v. LesueurSupreme Court of Missouri · 1890
- Marcom v. Durham & Southern Railway Co.Supreme Court of North Carolina · 1914
3Cited by5 opinions
- State ex rel. Cook v. HouserWisconsin Supreme Court · 1904
- State ex rel. Wagner v. DahlWisconsin Supreme Court · 1909
- Republican Executive Committee v. County CourtWest Virginia Supreme Court · 1910
- Nichols v. SunderlandCalifornia Court of Appeal · 1926
- Nagel v. BarrettSupreme Court of Missouri · 1945