State ex rel. Pond v. Copenhaver, 2776
| Citation | 76 Wyo. 326,301 P.2d 1066 |
| Decision Date | 09 October 1956 |
| Docket Number | No. 2776,2776 |
| Parties | The STATE of Wyoming, on the relation of Louise A. (Mrs. Abbott S.) POND, A. E. Larson, Robert S. Cox and Dan Hanson, Relators, v. Everett T. COPENHAVER, as Secretary of State for the State of Wyoming, Defendant. |
| Court | United States State Supreme Court of Wyoming |
Vincent A. Ross, Cheyenne, for relators.
George F. Guy, Att. Gen., Howard B. Black, Deputy Atty. Gen., Arthur F. Fisher, Asst. Atty. Gen., for defendant.
Relators herein having filed a 'Petition for Writ of Mandamus'; defendant by his counsel having demurred thereto, relators having requested, and been granted, permission to amend their said petition by adding the words 'The State of Wyoming on the relation of' immediately prior to their listing of names, and after argument on the said demurrer, defendant having conditionally filed answer, and the court having heard argument, and being advised, and
It appearing to the court from pleadings, arguments, and statements of counsel:
(1) That relators' purported presentation of certificate of nomination was made on September 27, 1956, and that the date for general election in the State of Wyoming for the year 1956 is November 6;
(2) That at the time of the hearing in this court, many, if not all, of the ballots in the State of Wyoming had been printed and many had been actually used by electors in absentee voting, and that great expense and inconvenience would be incurred by the various counties of the State of Wyoming and great inconvenience experienced by the citizens of the State of Wyoming and its voters if the presently printed ballots were to be recalled;
(3) That many absentee voters, especially soldiers and others overseas, would by a reprinting of the ballots actually be deprived of their right of suffrage in the year 1956;
(4) That it seems that it would be impossible to legally provide an absentee voter with a new ballot which could be legally voted in cases where such absentee voter may have already cast the first ballot received by him;
(5) That under the provisions of § 3-104, W.C.S.1945, the effective Wyoming statute relating to the computation of time, 'the time within which an act is required by law to be done, shall be computed by excluding the first day and including the last,' less than forty days existed between the time the relators presented their certificate of nomination to the defendant and 'before the day fixed by law for the general election' for Wyoming in 19...
To continue reading
Request your trial
-
Williams v. Stafford
...court for a writ of mandamus must disclose why it is necessary for such a writ to issue originally from this court. See, State v. Copenhaver, 76 Wyo. 326, 301 P.2d 1066, Returning, then, to the merits of this case, we will consider the following 1067 (1956). Petitioners urge, as their justi......
-
State ex rel. Willis v. Larson
...of this Court in analogous circumstances. State ex rel. Whitehead v. Gage, Wyo., 377 P.2d 299 (1963); State ex rel. Pond v. Copenhaver, 76 Wyo. 326, 301 P.2d 1066 (1956). Willis did not, however, waive his claim for damages. The courts which have considered the right of an individual to bri......
-
State ex rel. Johnson v. Gage
...first and the last days must be excluded. We have already resolved the matter realistically by indicating in State ex rel. Pond v. Copenhaver, 76 Wyo. 326, 301 P.2d 1066, 1067, that the day upon which the computation begins must be 'before' or 'next preceding' the day of election. The resul......
-
State ex rel. Johnson v. Thomson, 4134
...say at this time would be superfluous. For reasons clearly enunciated in State ex rel. Johnson v. Gage and in State ex rel. Pond v. Copenhaver, 76 Wyo. 326, 301 P.2d 1066, 1067, petitioner's present petition for mandamus will be Mandamus writ denied. ...