Craig v. Brown
114 Cal. 480
Cal.
1896
Check Treatment

Lead Opinion

The Court.

We are of opinion that the application for a writ of mandate should be denied, holding that the designation “ National Democratic ” is not calculated to deceive. Henshaw, J., Van Fleet, J.,

Harrison, J., Temple, J.





Concurrence Opinion

McFarland, J., concurring.

I concur in the judgment ; but I also think that the question—under the peculiar form which this petition for a writ takes—was determined by the secretary of state when he accepted and filed the certificate, and that his action cannot be reviewed on this proceeding.

Garoutte, J., dissented.





Dissenting Opinion

Beatty, C. J., dissenting.

I dissent. I cannot distinguish this case from the Dolan and Ewing cases, in which we held that candidates nominated by petition are not entitled to a party designation which might mislead voters.