Jennings v. Board of Election Com'rs of Delta County

• Decision Date: 08 October 1904
• Parties: JENNINGS v. BOARD OF ELECTION COM'RS OF DELTA COUNTY.
• Court: Michigan Supreme Court

100 N.W. 995

137 Mich. 720

JENNINGS v. BOARD OF ELECTION COM'RS OF DELTA COUNTY.

Supreme Court of Michigan

October 8, 1904

Mandamus, on relation of Ira C. Jennings, against the board of election commissioners of Delta county. Writ denied.

The relator and Thomas B. White were candidates for the office of judge of probate at a recent convention of the Republican party for the county of Delta, held at Escanaba, in said county. There were 46 delegates present. On the first informal ballot Mr. White received 25 votes, and the relator, Mr. Jennings, received 21. A formal ballot was taken immediately thereafter, and Mr. White received 21 votes, and the relator 23. The chairman ruled that, as there were 46 delegates present and no one had received a majority thereof, no nomination had been made. No appeal was taken from this ruling. On a subsequent ballot Mr. White received 24 votes and Mr. Jennings 22. Mr. White was then declared the nominee of the convention. Mr. Jennings, the relator, contends that he was nominated on the first formal ballot, and asks for a writ of mandamus to compel the board of election commissioners to place his name, and his name only, on the official ballot in the Republican column.

F. D. Mead (George Huggett, of counsel), for relator.

Thomas D. White, for respondent.

PER CURIAM.

We think the case is controlled by Stephenson v. Election Com'rs, 118 Mich. 396, 76 N.W. 914, 42 L. R. A. 214, 74 Am. St. Rep. 402, and Phillips v. Gallagher (Minn.) 76 N.W. 285, 42 L. R. A. 222.

Mandamus will be denied.