Legal Opinion

Ryan v. Weston

Montana Supreme Court

Decided May 18, 1903No. 1,927PublishedCited by 53 opinions

Election contest by Patrick V. Pyanj against Jolin Weston, in which, contestant instituted an original proceeding in the supreme court under Chapter 42, Laws of 1903, for the appointment of a district judge to temporarily bold court in the district in which the contest was commenced. STATEMENT OE THE CASE.

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Election contest by Patrick V. Pyanj against Jolin Weston, in which, contestant instituted an original proceeding in the supreme court under Chapter 42, Laws of 1903, for the appointment of a district judge to temporarily bold court in the district in which the contest was commenced. STATEMENT OE THE CASE. This is an original ¡proceeding instituted in this court by Patrick V. Ryan for the purpose of securing an order designating a judge of some district other' than the Second judicial district, to try and determine the contested election case of Byan v. Weston. The proceeding is taken under…

1Opinion of the Court

MB. JUSTICE’ HOLLOWAY,

after stating tbe case, de< livered tbe opinion of tbe court.

“Tbe source of all power vested in tbe supreme court is tbe constitution of tbe state, and in it must be found the measure of jurisdiction.” Tbe foregoing succinct statement taken from the brief of tbe petitioner in tbe proceedings No. 1,928 (In re Application of the Boston & Montana, Consol. Copper & Silver Min. Co., 28 Mont. 221, 72 Pac. 1103), correctly lays tbe foundation for determination of tbe question involved in this controversy. Tbe general rule, repeatedly affirmed and now well understood, that tbe…

2Cases cited8 opinions

  1. Attorney General v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1874
  2. State ex rel. Whiteside v. First Judicial District CourtMontana Supreme Court · 1900
  3. People v. RichmondSupreme Court of Colorado · 1891
  4. Hedrick v. HedrickIndiana Supreme Court · 1867
  5. In re Davis' EstateMontana Supreme Court · 1891

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

3Cited by53 opinions

  1. State Ex Rel. Bennett v. BonnerMontana Supreme Court · 1950
  2. Willis v. Pilot Butte Mining Co.Montana Supreme Court · 1920
  3. State ex rel. Anaconda Copper Mining Co. v. ClancyMontana Supreme Court · 1904
  4. State Ex Rel. Normile v. CooneyMontana Supreme Court · 1935
  5. O'Neill v. Yellowstone Irrigation DistrictMontana Supreme Court · 1912

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

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