Legal Opinion

Marsh v. Overland

Montana Supreme Court

Decided November 2, 1995No. 95-117PublishedCited by 21 opinions

1Opinion of the CourtJustice Gray

Gaylen Marsh (Marsh) appeals the decision of the Fifteenth Judicial District Court, Sheridan County, affirming the Sheridan County Recount Board’s (Recount Board) Certificate of Recount which declared Mike Overland the winner of the 1994 Sheridan County Sheriff’s election. We affirm.

Marsh raises the following issues on appeal:

1. Did the District Court err in concluding that the surname “Marsh” alone on a write-in ballot was insufficient to determine the intent of the voter as required by § 13-15-202(3), MCA?

2. Did the District Court err in concluding that the Recount Board had jurisdiction to…

2Cases cited14 opinions

  1. Wesberry v. SandersSupreme Court of the United States · 1964
  2. Boreen v. ChristensenMontana Supreme Court · 1994
  3. Bozeman Daily Chronicle v. City of Bozeman Police DepartmentMontana Supreme Court · 1993
  4. Meyer v. LammSupreme Court of Colorado · 1993
  5. State v. MeaderMontana Supreme Court · 1979

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

3Cited by21 opinions

  1. Delaware v. K-Decorators, Inc.Montana Supreme Court · 1999
  2. Nason v. LeistikoMontana Supreme Court · 1998
  3. Insured Titles, Inc. v. McDonaldMontana Supreme Court · 1996
  4. Nitzel v. WickmanMontana Supreme Court · 1997
  5. LHC, INC. v. AlvarezMontana Supreme Court · 2007

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

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