State ex rel. McAvoy v. Gilliam

Citations

• 60 Wash. 420
• 111 P. 401
• 1910 Wash. LEXIS 1060

Syllabus

<p>Elections —■ Contests —) Citations — Time For — Jurisdiction. Where a primary election contest was filed within five days as required by Rem. & Bal. Code, § 4829, the statute prescribing no time for service of citation, the court has jurisdiction, after quashing a citation, to issue another citation.</p> <p>Elections — Contests — Procedure •— Statutes. Rem. & Bal. Code, § 4829, authorizes any candidate for nomination at a primary ■election to contest the nomination of any other candidate for the same office, and provides a tribunal to try the question; and the fixing of the specific procedure is not essential to the validity of the statute, in view of Rem. & Bal. Code, § 69, providing that, when jurisdiction is conferred upon any tribunal, all the means to carry it into effect are also given, and if the proceedings be not specifically fixed, any suitable mode may be adopted.</p> <p>Legislature — Elections of Members — Contests as to Nominations. Const., art. 2, § 8, providing that each house of the legislature shall be the final judge of the election of its members, does not prevent a judicial contest over the nomination of candidates.</p>