People ex Rel. Simpson v. Police Comrs

1 Citing case

  1. Long v. Martin

    194 So. 896 (La. 1940)   Cited 10 times
    In Long v. Martin, 194 La. 797, 194 So. 896, a political committee named Long to fill the vacancy on the official ballot to be used in the general election.

    That is recognized in 20 C.J. §§ 157 and 158, pp. 136 and 137; and in 18 Am.Jur., paragraph 143, p. 273; and in the following decisions by this court: State ex rel. Rousseau v. Judge of the Second Judicial District Court, 13 La.Ann. 89; Collin v. Knoblock, 25 La.Ann. 263; State ex rel. Burke v. Foster, Judge, 111 La. 939, 36 So. 32; Roussel v. Dornier, 130 La. 367, 57 So. 1007, 39 L.R.A., N.S., 826; Reid v. Brunot, 153 La. 490, 96 So. 43. Long cites the case of People ex rel. Simpson v. Board of Police Commissioners of the City of New York, 10 Misc. 98, 31 N YS. 112, 114, where a nominating convention, after making a nomination, reassembled and nominated another person for the same office, and it was held that the court should recognize the nomination first made. But the reason for the ruling in that case was that the political party did not repudiate the first nomination. Hence the court said: "Having made one nomination, the party could not, while that [nomination] remained in force, make another. If it were otherwise, it might keep on until it had as many candidates as voters."