State ex rel. Scharnikow v. Hogan
Montana Supreme Court
Application by the State, on relation of Edward Scharnikow, for a writ of prohibition to prevent Thomas S. Hogan, secretary of state, from certifying the name of Welling Nap-ton as candidate for judge of the Third judicial district; and application by the state, on relation of J. M. Kennedy and others, for a writ of prohibition to prevent Martin Martin, county clerk of Deer Lodge county, from printing certain names in the column headed ‘ ‘Democratic’ ’ on the official…
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Application by the State, on relation of Edward Scharnikow, for a writ of prohibition to prevent Thomas S. Hogan, secretary of state, from certifying the name of Welling Nap-ton as candidate for judge of the Third judicial district; and application by the state, on relation of J. M. Kennedy and others, for a writ of prohibition to prevent Martin Martin, county clerk of Deer Lodge county, from printing certain names in the column headed ‘ ‘Democratic’ ’ on the official ballot. Both applications were considered together.
1Opinion of the CourtJustice Pigott
These are original proceedings in this Court. In No. 1,612 it appears that a certificate of the nomination of the relator as the candidate of the Democratic party for the office of Judge of the District Court of the Third judicial district of the state of Montana was duly filed with the secretary of state, and that a certificate of the nomination of one Welling Napton as the candidate of the Democratic'party for said office was also duly filed with the secretary of state. Both certificates were filed under the provisions of Sections 1312 and 1316 of the Political Code. By Section 1317 of the…
2Cases cited9 opinions
- Camron v. KenfieldCalifornia Supreme Court · 1881
- Maurer v. MitchellCalifornia Supreme Court · 1878
- State ex rel. Boston & Montana Consol. C. & S. Mining Co. v. Second Judicial District CourtMontana Supreme Court · 1899
- Williams v. LewisIdaho Supreme Court · 1898
- State ex rel. Boston & Montana Consolidated C. & S. Mining Co. v. Second Judicial District CourtMontana Supreme Court · 1899
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3Cited by27 opinions
- State ex rel. Whiteside v. First Judicial District CourtMontana Supreme Court · 1900
- Barnes v. Lehi CityUtah Supreme Court · 1929
- State ex rel. Swearingen v. Railroad CommissionersSupreme Court of Florida · 1920
- State ex rel. Wooten v. District CourtMontana Supreme Court · 1920
- Winsor v. BridgesWashington Supreme Court · 1901
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