Legal Opinion

Gemmer v. State ex rel. Stephens

Indiana Supreme Court

Decided June 22, 1904No. 20,374PublishedCited by 18 opinions

From Warren Circuit Court; J. M. Robb, Judge. Action by tbe State of Indiana, on relation of William H. Stephens, against Frederick"L. Gemmer, as,ehairman, and_ Chester G. Rossiter, as secretary, of' the Republican Central Committee of Warren county, for a writ of mandamus, directing them to certify his name to the board of election commissioners to be placed on the official ballot as the Republican candidate for treasurer of Warren county.

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From Warren Circuit Court; J. M. Robb, Judge. Action by tbe State of Indiana, on relation of William H. Stephens, against Frederick"L. Gemmer, as,ehairman, and_ Chester G. Rossiter, as secretary, of' the Republican Central Committee of Warren county, for a writ of mandamus, directing them to certify his name to the board of election commissioners to be placed on the official ballot as the Republican candidate for treasurer of Warren county. From a judgment granting the writ, the defendants appeal.

1Opinion of the CourtDowling, J.

This was a proceeding by the State, on the relation of the appellee Stephens, for a writ of mandate against- the appellants, who were, respectively, the chairman and secretary of the Republican county committee of Warren county, to compel the appellants to certify the *152name of the relator to the hoard of election commissioners of said county as the Republican candidate for county treasurer to be voted for at the general election in 1904. A demurrer to the alternative writ was overruled, the appellants refused to plead further, a peremptory writ was granted, and judgment was rendered against…

2Cases cited9 opinions

  1. Gibbons v. OgdenSupreme Court of the United States · 1824
  2. State ex rel. Smith v. AskewSupreme Court of Arkansas · 1886
  3. Howard v. State ex rel. VawterIndiana Supreme Court · 1858
  4. Scott v. State ex rel. GibbsIndiana Supreme Court · 1898
  5. Gibbons v. OgdenSupreme Court of the United States · 1821

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3Cited by18 opinions

  1. State Ex Rel. Martin v. PrestonSupreme Court of North Carolina · 1989
  2. Ellingham v. DyeIndiana Supreme Court · 1912
  3. Commonwealth v. SheatzSupreme Court of Pennsylvania · 1910
  4. State ex rel. Polk v. GalushaNebraska Supreme Court · 1905
  5. Robinson v. MoserIndiana Supreme Court · 1931

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