District Party Committee v. Ryan

The opinion of the court was delivered by

Dawson, C. J.:

Plaintiffs invoke our original jurisdiction in mandamus to require the secretary of state to certify the name of W. D. Vance, of Belleville, as the Republican candidate for district judge of the twelfth judicial district on the official ballot to be prepared by the county clerks of the three counties (Cloud, Republic and Washington) for the general election to be held on November 5, 1940.

The secretary of state pleads want of statutory authority to do so.

The controlling circumstances are these: In 1928, the late Tom Kennett, Esquire, of…