BOLIN v. SUPERIOR COURT

No. 6715.

85 Ariz. 131 (1958)

333 P.2d 295

Wesley BOLIN, as Secretary of State of the State of Arizona, Petitioner, v. The SUPERIOR COURT of the State of Arizona IN AND FOR the COUNTY OF MARICOPA, Honorable Warren L. McCarthy, a Judge thereof, and E.J. O'Malley, Respondents.

Supreme Court of Arizona.

December 18, 1958.


Attorney(s) appearing for the Case

Robert Morrison, Atty. Gen., McCarty, Chandler & Udall, Tucson, for petitioner.

Whitney & LaPrade and Leon S. Jacobs, Phoenix, for respondents.


JOHNSON, Justice.

E.J. O'Malley, an elector and taxpayer, prior to the primary election, instituted an action in the Superior Court of Maricopa County, Arizona, seeking to enjoin the secretary of state from certifying to the various clerks of the county boards of supervisors of the state that there was an office to be filled by the electors for the unexpired term of Mit Sims, deceased, a member of the corporation commission of the State of Arizona, or from certifying...

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