56 Neb. 584 | Neb. | 1898
In a relation in an action of mandamus in which an order to the county clerk of Nuckolls county to place the name of Joseph Patterson, as nominee of the republican party for county commissioner of the first district of Nuckolls county, on the ballot, for the use of voters at the next regular election was asked, it was alleged, and for the purposes of the application-admitted, that on August 5,1898, during a session of a county convention of the republicans of Nuckolls county, there were nominated candidates for the several county offices to be filled by selection to be made by the voters at -the ensuing regular election. Of the eondidates then nominated was Joseph Patterson to canvass for the office- of county commissioner for the first district of said county. ' Of the proceedings of the convention there was a resolution introduced and carried that the republican county central committee be empowered to fill all vacancies in the republican ticket which might occur. sThe chairman and secretary of the convention filled out and filed with the county clerk a purported certificate of the nominations of the convention, but, through carelessness, failed to include therein the name of Joseph Patterson, and omitted mention of the office for which he was selected as a candidate. When it became known to the persons interested that the certificate filed with the county clerk
The sole contention for the respondent was that there was not a vacancy within the import of the section quoted above: hence he was not required in the prepara
Writ all.oaved.