Wade v. Dworkin

RABINOWITZ, Justice.

Appellee instituted an action in the lower court, in the nature of mandamus, 1 which sought to require the Secretary of State to order a recount of the votes which had been cast in election district sixteen in the general election held on November 3, 1964, for the House of Representatives of the State of Alaska. The Secretary of State denied the application for recount on the ground that it was not timely filed. The matter came before the lower court on ap-r pellant’s motion for summary judgment which the lower court denied and in so doing granted summary judgment in…