Stackpole v. Hallahan
Montana Supreme Court
Appeal from Tlwrd Judicial District, Deer Lodge County. Election Contest. Judgment was rendered by Brantley, J., declaring the election void. Statement of the case by the justice delivering the opinion. This is an election contest, a statutory proceeding brought by E. S. Stackpole, asking that it be determined that he, and not D. F. Hallahan, was elected treasurer of Deer Lodge county, at the general election in November, 189é.
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Appeal from Tlwrd Judicial District, Deer Lodge County. Election Contest. Judgment was rendered by Brantley, J., declaring the election void. Statement of the case by the justice delivering the opinion. This is an election contest, a statutory proceeding brought by E. S. Stackpole, asking that it be determined that he, and not D. F. Hallahan, was elected treasurer of Deer Lodge county, at the general election in November, 189é. It was determined by the district court that neither Stackpole or Hallahan was elected. Each party appeals. For convenience in this statement, and in the opinion…
1Opinion of the CourtDe Witt, J.
We are of opinion that the learned judge of the district court was justified in holding, as he did, as to Hallahan’s certificate in this case, on the authority of Price v. Lush 10 Mont. 61. We are also of opinion that, while the judgment in Price v. Lush, was perhaps correct, the doctrine of that case must be modified in some respects. Price v. Lush, was one of the pioneer American decisions upon the Australian ballot law, and at the- time of its rendition no American authority was at the command of this court.
As to the decision of Price v. Lush, perhaps we may remark that we are willing, in…
2Cases cited19 opinions
- Bowers v. SmithSupreme Court of Missouri · 1892
- People Ex Rel. Nichols v. Board of County CanvassersNew York Court of Appeals · 1891
- State ex rel. Waggoner v. RussellNebraska Supreme Court · 1892
- Wheeler v. City of ChicagoIllinois Supreme Court · 1860
- State ex rel. Smith v. AndersonSupreme Court of Florida · 1890
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3Cited by52 opinions
- Jones v. StateIndiana Supreme Court · 1899
- Murray v. HeinzeMontana Supreme Court · 1895
- O'Connell v. State Board of EqualizationMontana Supreme Court · 1933
- Stadler v. First National BankMontana Supreme Court · 1899
- Goodell v. Judith Basin CountyMontana Supreme Court · 1924
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