Legal Opinion

Cadle v. Town of Baker

Montana Supreme Court

Decided July 1, 1915No. 3,653PublishedCited by 6 opinions

Appeal from District Court, Fallon County; C. C. Hurley, Judge. election contest by Wilbert W Cadle against tbe Town of Baker. From, a judgment of dismissal, plaintiff appeals. It is conceded that contest proceedings will not lie under tbe general law for tbe contest of county seat elections, and that this contest can be sustained only upon tbe ground that tbe initiative measure known as tbe Corrupt Practices Act gives tbe right.

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Appeal from District Court, Fallon County; C. C. Hurley, Judge. election contest by Wilbert W Cadle against tbe Town of Baker. From, a judgment of dismissal, plaintiff appeals. It is conceded that contest proceedings will not lie under tbe general law for tbe contest of county seat elections, and that this contest can be sustained only upon tbe ground that tbe initiative measure known as tbe Corrupt Practices Act gives tbe right. While in tbe ordinary construction of statutes tbe courts are not bound by tbe apparent policy of tbe law, nevertheless they may and should look to it for tbe…

1Opinion of the CourtJustice Holloway

At the general election held in November, 1914, the towns of Baker and Ekalaka were rival candidates for the permanent county seat of Fallon county. The canvassing board returned that Baker received the highest number of votes, and this proceeding was instituted to contest the election. A demurrer to the petition was sustained, and contestant, electing to stand on his pleading, suffered judgment, of dismissal to be entered against him and appealed.

The only question necessary to be decided is: Do the laws [1] of this state provide for a contest of an election to determine the location of a…

2Cited by6 opinions

  1. Atkinson v. Roosevelt CountyMontana Supreme Court · 1923
  2. Poe v. Sheridan CountyMontana Supreme Court · 1916
  3. Tipton v. SandsMontana Supreme Court · 1936
  4. Fields v. NicholsonIndiana Supreme Court · 1926
  5. McCall v. City of TombstoneArizona Supreme Court · 1919

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