Southwestern Publishing Co., Inc. v. Horsey

230 F.2d 319 SOUTHWESTERN PUBLISHING CO., Inc., a corporation, A. E. Cahlan, Nevada Citizens Committee, Incorporated, Southern Nevada Chapter, a corporation, Appellants, v. Charles Lee HORSEY, Appellee. No. 14738. United States Court of Appeals Ninth Circuit. February 17, 1956. Jones, Wiener & Jones, Milton W. Keefer, Las Vegas, Nev., W. Howard Gray, Ely, Nev., Bruce R. Thompson, Reno, Nevada, for appellants. Rudiak, Horsey & Lionel, Las Vegas, Nev., Clyde D. Souter, Reno, Nev., for appellee. Before DENMAN, LEMMON and CHAMBERS, Circuit Judges. CHAMBERS, Circuit Judge. 1 Charles Lee Horsey was appointed to fill a vacancy on the Nevada Supreme Court in October, 1945. He ran for election in 1946 to fill the remainder of his predecessor's term and was elected, defeating one W. T. Mathews. In the fall of 1950, Judge Horsey ran again. This time he was defeated by a different opponent, Charles M. Merrill. 2 On Sunday, November 5, 1950, two days before the general election, a large newspaper display advertisement was published in the Las Vegas Review-Journal reading as follows: 3 "a Timely message to All Nevada Voters who believe in government Of All the people, By All the people,…