Legal Opinion

State ex rel. Fenner v. Keating

Montana Supreme Court

Decided March 23, 1917No. 3,974PublishedCited by 26 opinions

Original action in quo warranto by the State of Montana, on the relation of "William D. Fenner, against William Keating.

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Original action in quo warranto by the State of Montana, on the relation of "William D. Fenner, against William Keating. The following questions are involved in this case: 1. Is the machine vote a vote by ballot as contemplated by the Constitution? 2. Does the machine register the intention of the voter? 3. Does the voter know that the machine registers his vote as intended? 4. Even if we were relying solely on the Statute, is it such a machine as is contemplated by the statute? All of these questions are raised by our complaint. We say in substance in the complaint that the statute and use…

1Opinion of the Court

Opinion

2Per curiam

Original action in quo warranto by the relator to have determined his title to the office of state auditor. The relator and *377the respondent, both eligible to hold the office, were respectively the duly nominated candidates of the Republican and Democratic parties to be voted for at the election held on November 7, 1916. There was also a candidate of the Socialist party, but the vote cast for him was so relatively small that reference to it may be omitted. The basis of the relator’s claim as set out in his complaint may be stated, in substance, as follows: According to the returns as…

3Cases cited10 opinions

  1. State ex rel. Hay v. AldersonMontana Supreme Court · 1914
  2. Elwell v. ComstockSupreme Court of Minnesota · 1906
  3. State v. SederstromSupreme Court of Minnesota · 1906
  4. U. S. Standard Voting Machine Co. v. HobsonSupreme Court of Iowa · 1906
  5. City of Detroit v. Board of Inspectors of ElectionMichigan Supreme Court · 1905

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4Cited by26 opinions

  1. State ex rel. Bonner v. DixonMontana Supreme Court · 1921
  2. Great Northern Utilities Co. v. Public Service CommissionMontana Supreme Court · 1930
  3. Board of Regents of Higher Education v. JudgeMontana Supreme Court · 1975
  4. Arps v. State Highway CommissionMontana Supreme Court · 1931
  5. State ex rel. Corry v. CooneyMontana Supreme Court · 1924

21 more not listed; retrieve them via the Exa API.

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