Ackley v. Jordan

California Supreme Court

Ackley v. Jordan

17 P.2d 127, 216 Cal. 789, 1932 Cal. LEXIS 652

CourtCalifornia Supreme Court

DecidedNovember 30, 1932

DocketDocket No. S.F. 14776.

StatusPublished

Cited by1 cases

This text of 17 P.2d 127 (Ackley v. Jordan) is published on Counsel Stack Legal Research, covering California Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Ackley v. Jordan, 17 P.2d 127, 216 Cal. 789, 1932 Cal. LEXIS 652 (Cal. 1932).

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Opinion

THE COURT.

Mandate to compel the Secretary of State to certify the petitioner as the duly nominated candidate of the Democratic party for the office of assemblyman for the nineteenth assembly district, and to place his name on the official ballot at the ensuing general election.

The petitioner was affiliated with the Democratic party and was a candidate for the office of assemblyman in said district at the recent primary election. Gardner Johnson was affiliated with the Republican party and was a candidate of that party for the same office. Mr. Johnson failed of nomination of his own party, but received the highest num *790 ber of votes on the Democratic ticket. On September 13th, the newly elected Democratic county central committee met, declared a vacancy to exist in the matter o£ the nomination of a Democratic candidate for said office, and selected the petitioner as such nominee. The facts bring the ease squarely within the holding of this court in the case of Norcop v. Jordan, (S. F. No. 14771) ante, p. 764 [17 Pac. (2d) 123], this day decided. On the authority of that case the peremptory writ is denied and the alternative writ is discharged.

Preston, J., dissented.

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THE COURT.

Mandate to compel the Secretary of State to certify the petitioner as the duly nominated candidate of the Democratic party for the office of assemblyman for the nineteenth assembly district, and to place his name on the official ballot at the ensuing general election.

The petitioner was affiliated with the Democratic party and was a candidate for the office of assemblyman in said district at the recent primary election. Gardner Johnson was affiliated with the Republican party and was a candidate of that party for the same office. Mr. Johnson failed of nomination of his own party, but received the highest num *790 ber of votes on the Democratic ticket. On September 13th, the newly elected Democratic county central committee met, declared a vacancy to exist in the matter o£ the nomination of a Democratic candidate for said office, and selected the petitioner as such nominee. The facts bring the ease squarely within the holding of this court in the case of Norcop v. Jordan, (S. F. No. 14771) ante, p. 764 [17 Pac. (2d) 123], this day decided. On the authority of that case the peremptory writ is denied and the alternative writ is discharged.

Preston, J., dissented.

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Bluebook (online)

17 P.2d 127, 216 Cal. 789, 1932 Cal. LEXIS 652, Counsel Stack Legal Research, https://law.counselstack.com/opinion/ackley-v-jordan-cal-1932.

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