Clark v. Board of Commissioners
Montana Supreme Court
Appeal from Second Judicial District, Silver Sow County. Action to determine bhe constitutionality of the act of March 6, 1891. The case was tried before McHatton, J., on an agreed statement of facts. Defendant had judgment below. Statement of the case by the justice delivering the opinion. The case was tried in the court below on an agreed statement of facts.
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Appeal from Second Judicial District, Silver Sow County. Action to determine bhe constitutionality of the act of March 6, 1891. The case was tried before McHatton, J., on an agreed statement of facts. Defendant had judgment below. Statement of the case by the justice delivering the opinion. The case was tried in the court below on an agreed statement of facts. The plaintiff was elected clerk of the district court in and for Silver Bow county upon the admission of the state into the union, and at the time of the institution of this suit was holding said office under said election, and was…
1Opinion of the CourtPemberton, C. J.
The constitutionality of the law in question, in so far as it was applicable to sheriffs elected at the same time the plaintiff in this suit was elected, was determined by this court in Lloyd v. Silver Bow Co., 11 Mont. 408, in which case the constitutionality of the law was sustained. In that case it was contended that the law in question was violative of, and contravened article V, § 31, of the constitution.
The plaintiff in the case at bar contends that Lloyd v. Silver *82Bow Co. is not decisive of this case, claiming that the act in question is in violation of section 5, of the Schedule,…
2Cases cited1 opinion
- Lloyd v. Silver Bow CountyMontana Supreme Court · 1891