Johnston v. Board of Elections
Supreme Court of North Carolina
Civil, action to compel defendant board of elections of Waie County, by writ of mandamus, to place tbe name of plaintiff on the regular election ticket as one of tbe nominees of tbe Democratic Party for tbe position of Member of tbe General Assembly, tried before Bond, J., at July Term, 1916, of Waxe. There was judgment for plaintiff, and defendants excepted and appealed.
1DissentBeowN, J.
I am of opinion that the courts have no jurisdiction in actions of this character in the absence of express statutory provision. The only matter in controversy is the title to the nomination of a certain political party to a public office, and not the title to the office itself. There is no statute in this State that authorizes the courts to try the title to a party nomination. It is the policy of the courts, in the absence of express statutory authorization, to leave the settlement of such controversies to the political party organization interested.
It is for the controlling power of the…
2Cases cited7 opinions
- State ex rel. Cook v. HouserWisconsin Supreme Court · 1904
- In Re Objections to the Certificate of Nomination of FairchildNew York Court of Appeals · 1897
- Moody v. TrimbleCourt of Appeals of Kentucky · 1900
- State ex rel. Burke v. FosterSupreme Court of Louisiana · 1904
- State ex rel. Rees v. FosterSupreme Court of Louisiana · 1904
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