Noctor v. State ex rel. Linehan

Certain members of the court dissent from the majority in this case for two reasons: First, that the right of the voter to vote for whom he pleases cannot be curtailed because of irregularity or illegality in the nomination; second, that the filing of the nominating petition, its acceptance, and the placing of the ticket on the ballot, without objection until after the holding of the election, constitute a waiver of defects in the nomination.

In this case Walter C. Linehan was the regular nominee for council on the Republican ticket, and John F. Sheehan was the regular nominee on the…