Legal Opinion

State ex rel. Bray v. Long

Montana Supreme Court

Decided March 31, 1898PublishedCited by 32 opinions

Appeal from District Court, Silver Bow County. William Clancy, Judge. Quo warranto by the state, on the relation of Edwin Bray, O. J. McConnell, F. E. Curtis, and J. A. Baker against Joseph V. Long, John B. Frederic, Michael Burke and Augustus T. Morgan. From a judgment for defendants plaintiff and relators appeal. Statement of the case by the court. Proceedings in quo warranto.

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Appeal from District Court, Silver Bow County. William Clancy, Judge. Quo warranto by the state, on the relation of Edwin Bray, O. J. McConnell, F. E. Curtis, and J. A. Baker against Joseph V. Long, John B. Frederic, Michael Burke and Augustus T. Morgan. From a judgment for defendants plaintiff and relators appeal. Statement of the case by the court. Proceedings in quo warranto. The relators allege that on the first Saturday of April, 1894, an election was held within and for School District No. 1, Silver Bow county, pursuant to the provisions of the law, for the election of trustees of said…

1Opinion of the Court

Pek Curiam.

—The questions raised by this appeal are very important, and of public concern. They affect several school elections in the state, and that the electors may be correctly guided as to what laws obtain controlling school elections to be held a few days hence, we are asked to decide the case at once. We shall do so, having given our attentive consideration to the points presented since their submission to the court. But, owing to the pressure of time, we shall very briefly and succinctly review the several arguments relied upon, and urged upon our consideration.

1. It is conceded that…

2Cases cited3 opinions

  1. State ex rel. Reed v. JonesWashington Supreme Court · 1893
  2. Pacific Railroad v. GovernorSupreme Court of Missouri · 1856
  3. State Ex Rel. Patterson v. DonovanNevada Supreme Court · 1887

3Cited by32 opinions

  1. Anderson v. PetersonNorth Dakota Supreme Court · 1952
  2. Durfee v. HarperMontana Supreme Court · 1899
  3. Lemaire v. HendersonSupreme Court of Arkansas · 1927
  4. Scott v. FlowersNebraska Supreme Court · 1901
  5. Home Telegraph Co. v. Mayor of NashvilleTennessee Supreme Court · 1906

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