State ex rel. Whedon v. Smith

This was a petition for a peremptory mandamus to compel the respondent, as county clerk of Buffalo county, to print the official and sample ballots for the general election in November, 1898, without names of J. M. Easterling and Emery Wyman as nominees of the democratic party for representatives of the fifty-eighth representative district. To the application the respondent demurred for the reasons following: (1.) The court has no jurisdiction over his person or the subject-matter. (2.) The petition does not state sufficient facts to constitute a cause of action. Just prior to the said…