State ex rel. Murphy v. Tallman

Citations

• 82 Wash. 141
• 143 P. 874

Syllabus

<p>Injunction — Jurisdiction—Notice—Necessity. A judgment restraining the county auditor from printing the names of certain candidates on the general election ballot is void where they were not served with notice and did not appear in the proceedings against the auditor in which the judgment was entered.</p> <p>Elections — Ballots —Nominees—Determination—Necessity of Notice. The superior court is powerless to adjudge that filing fees were not paid by certain candidates for office, where such persons were not served with notice or before the court.</p> <p>Elections — Primary Elections — “Stickers” or Writing Names— Filing Fees. Under Rem. & Bal. Code, § 4843, giving any voter at a primary election the right to write or paste on his ballot the name of any person for whom he desires to vote for any office, candidates are not required to pay any filing fee when they were nominated at a primary election by the writing of their names on the ballots, or otherwise than by filing a regular declaration of candidacy or by seeking nomination at the hands of a nominating convention.</p> <p>Elections — Ballots—Failure to Pay Filing Fees — Restraining Printing of Names. The supreme court will not reverse a judgment restraining the county auditor from printing on the general election ballot the name of one who was nominated without his consent by a party to which he did not belong, and who did not wish to run and refused to pay the filing fee; likewise, one who had received a primary nomination, but did not wish to run, had given notice of his withdrawal and refused to pay the filing fee (even though the withdrawal was not filed within the twenty-day limit fixed by law); where both of such parties were before the court and did not seek a review of the judgment.</p> <p>Mount and Main, JJ., dissenting.</p>