Legal Opinion

Simpson v. Osborn

Supreme Court of Kansas

Decided July 15, 1893PublishedCited by 21 opinions

Original Proceeding in Mandamus. ON the 5th day of October, 1893, there was filed in the office of the secretary of state a petition, signed by the plaintiff and 24 other qualified voters of the thirty-fifth judicial district of this state, nominating William Thomson as the candidate of the “miners and laboring men’s party” for judge of said district, to be voted for at the ensuing election.

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Original Proceeding in Mandamus. ON the 5th day of October, 1893, there was filed in the office of the secretary of state a petition, signed by the plaintiff and 24 other qualified voters of the thirty-fifth judicial district of this state, nominating William Thomson as the candidate of the “miners and laboring men’s party” for judge of said district, to be voted for at the ensuing election. On the 23d of October, at 10:25 P. M., objections to said nomination paper ¡were filed by other electors of said judicial district. Thereupon the defendants fixed the time and place for a hearing upon…

1Opinion of the Court

The opinion of the court was delivered by

AlleN, J.:

We are called on in this case to construe certain provisions of chapter 78 of the Laws of 1893, known as the “Australian ballot law.” The plaintiff and 24 others signed and caused to be filed with the secretary of the state, under the provisions of § 5 of the act under consideration, a paper nominating William Thomson forjudge of the thirty-fifth judicial district. Section 5 is as follows:

“Sec. 5. Nominations for candidates for any office to be filled by the voters of the state at large may also be made by nomination papers, signed in the…

2Cases cited1 opinion

  1. Bobbett v. StateSupreme Court of Kansas · 1872

3Cited by21 opinions

  1. Jones v. StateIndiana Supreme Court · 1899
  2. State ex rel. Runge v. AndersonWisconsin Supreme Court · 1898
  3. Stackpole v. HallahanMontana Supreme Court · 1895
  4. Young v. Regents of University of KansasSupreme Court of Kansas · 1912
  5. Attorney General ex rel. Reynolds v. MayMichigan Supreme Court · 1894

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