Legal Opinion

State ex rel. Woody v. Rotwitt

Montana Supreme Court

Decided October 12, 1896PublishedCited by 19 opinions

ORIGINAL Proceeding. Application for an injunction. Statement of the case by the justice delivering the opinion. The petitioner applies for a writ of injunction commanding the defendant secretary of state to refrain from certifying to the county clerks of Missoula and Eavalli counties the name of George W. Eeeves, Esq., as the candidate of the ‘ ‘Silver Eepublican Party’ ’ or of the ‘ ‘Ee'publican Party of the state of Montana,” for the office of judge of the fourth judicial…

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ORIGINAL Proceeding. Application for an injunction. Statement of the case by the justice delivering the opinion. The petitioner applies for a writ of injunction commanding the defendant secretary of state to refrain from certifying to the county clerks of Missoula and Eavalli counties the name of George W. Eeeves, Esq., as the candidate of the ‘ ‘Silver Eepublican Party’ ’ or of the ‘ ‘Ee'publican Party of the state of Montana,” for the office of judge of the fourth judicial district, state of Montana. It appears by the petition that on September 3d, 1896, the petitioner was duly nominated by…

1Opinion of the CourtHunt, J.

The attempted nomination of Mr. Hershey as Republican candidate for district judge by the delegates to the state convention on September 9, 1896, from Ravalli and Missoula counties is not important, because, whether the method pursued was legal or not is immaterial, inasmuch as Mr. Hershey expressly declined to be a candidate, by a written declination on file with the secretary of state. So that if the judicial district was properly represented by the assembling of the delegates to the Republican state convention from the several counties of the district in a district convention, and if such…

2Cases cited3 opinions

  1. Atkeson v. LaySupreme Court of Missouri · 1893
  2. Phillips v. CurtisIdaho Supreme Court · 1894
  3. State ex rel. Bloomfield v. WeirWashington Supreme Court · 1892

3Cited by19 opinions

  1. State ex rel. Whiteside v. First Judicial District CourtMontana Supreme Court · 1900
  2. State ex rel. Schneider v. CunninghamMontana Supreme Court · 1909
  3. State ex rel. Brooks v. FranshamMontana Supreme Court · 1897
  4. State ex rel. Howells v. MetcalfSouth Dakota Supreme Court · 1904
  5. State ex rel. Clarke v. MoranMontana Supreme Court · 1900

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