Reports of the Cases Decided in the Appellate Court of Indiana; With Tables of Cases Reported and Cited, Tables of Cases Overruled or Limited, Statutes Cited and Construed, Court Rules Cited and Construed, and an Index... Volume 36

Reports of the Cases Decided in the Appellate Court of Indiana; With Tables of Cases Reported and Cited, Tables of Cases Overruled or Limited, Statutes Cited and Construed, Court Rules Cited and Construed, and an Index... Volume 36

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1906 edition. Excerpt: ...Law (2d ed.), 725, 726; Page v. Kuykendall (1896), 161 Ill. 319, 43 N. E. 1114, 32 L. R. A. 656; State, ea: rel., v. Grifiey (1876), 5 Neb. 161; Milligan's Appeal (1880), 96 Pa. St. 222; Chamberlin v. Hartley (1893), 152 Pa. St. 544, 25 Atl. 572; State v. Goldthwaite (1862), 16 Wis. 152. It may be said, we think, as a general proposition, that under the Australian ballot system a legal ballot can only be prepared and printed when it is done in sub 13. stantial compliance with a certificate or petition of nomination and the requirements of the statute governing such proceedings; and when the certificate or petition is defective in not designating the oflice to be filled or the term of ofifice, where different terms of the same ofiice are to be filled at the same election, a candidate thus named and placed thereon is not entitled to be voted for, and a ballot cast for him is a nullity. This being true, there can not be in such case any legally designated candidate. These considerations lead us to the conclusion that the six persons named in the petition, where the terms for which they were to be voted were not designated therein, are not entitled to have their names appear upon the oflicial ballot. We reach this conclusion without considering the question of the acknowledgment of the petitions by the petitioners. We have thus disposed of every matter in dispute between the parties, except the one asserted by appellees, that it was an essential requirement to acknowledge, before some oflicer authorized to take acknowledgments, the execution of the petitions. We have held these six petitions invalid upon other grounds, and that appellants in their oflicial capacity are not authorized to place the names of the persons therein specified...show more

Product details

  • Paperback | 268 pages
  • 189 x 246 x 14mm | 485g
  • Rarebooksclub.com
  • United States
  • English
  • black & white illustrations
  • 1236974085
  • 9781236974082