Legal Opinion

State ex rel. Sammon v. Chatterton

Wyoming Supreme Court

Decided October 20, 1903PublishedCited by 1 opinion

ORIGINAL proceeding in mandamus. John W. Sammon claiming to have been elected to the office of District Judge for the Third Judicial District, sought, by mandamus, to require the State Board of Canvassers to canvass the votes cast for that office. An alternative writ of mandamus was issued, and the hearing was had upon demurrer to the petition. The facts are stated in the opinion.

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ORIGINAL proceeding in mandamus. John W. Sammon claiming to have been elected to the office of District Judge for the Third Judicial District, sought, by mandamus, to require the State Board of Canvassers to canvass the votes cast for that office. An alternative writ of mandamus was issued, and the hearing was had upon demurrer to the petition. The facts are stated in the opinion. (The demurrer having been sustained, and no application to amend having been made, the cause was subsequently dismissed.)

1Opinion of the Court

Potter, Justice.

The relator seeks the aid of this court through the writ of mandamus to require the respondents composing the State Board of Canvassers to canvass and make return .of *170the votes found to be cast for relator at the general election held in November, 1902, for the office of District Judge of the Third Judicial District, and to make and file with the Secretary of State a certificate containing a statement of the votes so canvassed.

The respondents demur generally to the petition; and the question for determination, therefore, is whether sufficient facts are stated to entitle…

2Cases cited8 opinions

  1. People, Ex Rel. Woods v. . CrisseyNew York Court of Appeals · 1883
  2. Adsit v. OsmunMichigan Supreme Court · 1891
  3. Secord v. FoutchMichigan Supreme Court · 1880
  4. State ex rel. Bennett v. SameWyoming Supreme Court · 1892
  5. Toney v. HarrisCourt of Appeals of Kentucky · 1887

3 more not listed; retrieve them via the Exa API.

3Cited by1 opinion

  1. State ex rel. Irvine v. BrooksWyoming Supreme Court · 1906

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