Mr. Justice McINTYRE delivered the opinion of the court.
The attorney general has filed a motion to dismiss the petition of Carl A. Johnson for a writ of mandamus to compel the secretary of state to accept and certify his nomination application which was tendered at the office of the secretary of state at 4:40 p.m. on Thursday, July 12, 1962. The nomination application is for the office of State Auditor on the Democratic Ticket and relates to the Primary Election...
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