State ex rel. Pigott v. Benton
Montana Supreme Court
Appeal from, Eighth Judicial District, Cascade County. Action for usurpation of office. The cause was tried before Armstrong, J., sitting in place of Benton, J., disqualified. Judgment for respondent on nonsuit. Statement of the case by the justice delivering the opinion. This action is one for usurpation of office.
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Appeal from, Eighth Judicial District, Cascade County. Action for usurpation of office. The cause was tried before Armstrong, J., sitting in place of Benton, J., disqualified. Judgment for respondent on nonsuit. Statement of the case by the justice delivering the opinion. This action is one for usurpation of office. The relator alleges and proves facts which he claims are sufficient for a judgment, to the effect that respondent is not entitled to the office of judge of the eighth judicial district of this state, and that relator is entitled to said office, and that he be put into possession…
1Opinion of the CourtDe Witt, J.
As appears by the statement of the case above, the material point of the relator’s contention was that respondent was not nominated by the People’s party, and if not so nominated, the People’s party votes cast for him were illegal votes, and he had not enough legal votes to elect him.
Upon a nonsuit, that which the evidence tends to prove will be considered as proved. (Creek v. McManus, ante, p. 152, and cases cited.) Did the evidence, on the trial tend to prove that respondent was not nominated by the People’s party? The name of Charles H. Benton as candidate of the People’s party appeared…
2Cases cited1 opinion
- State ex rel. Thompson v. KenneyMontana Supreme Court · 1890
3Cited by16 opinions
- Jones v. StateIndiana Supreme Court · 1899
- Stackpole v. HallahanMontana Supreme Court · 1895
- Ball v. GussenhovenMontana Supreme Court · 1904
- Attorney General ex rel. Reynolds v. MayMichigan Supreme Court · 1894
- Nord v. Boston & Montana Consolidated Copper & Silver Mining Co.Montana Supreme Court · 1904
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