Griffin

Griffin v. Dingley

Good Law
114 Cal. 481·1896 Cal. LEXIS 929·46 P. 457
Supreme Court of CaliforniaOctober 8, 1896S. F. No. 706California478 words

Opinion

Lead Opinion

Application for a writ of mandate. ' The respondent is the county clerk of Stanislaus county and, on the fifth day of October, 1896, the petitioner presented to him for filing a certificate, duly authenticated by the proper officers, of the nomination by the county convention of the Democratic party of that county, held September 7, 1896, of. certain candidates for public offices to be filled by the electors of that county at the coming general election. The respondent refused to file the same, alleging, as a reason therefor, that that day was a holiday, and also because the same was not presented for filing within the time required by law. The petitioner again presented the certificate to him on the sixth day of October, with the request that it be filed, but the respondent again refused to file the same, for the reason that it was not presented to him for filing within the time required by law. The present application is for a writ of mandate, command *483 ing the respondent to receive and file the said certificate.

Section 1192 of the Political Code, as amended in 1895 (Stats. 1895, p. 303), provides: “ Certificates of nomination required to be filed with the county clerks, or…

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