State ex rel. Chenoweth v. Acton

MR. COMMISSIONER CALLAWAY

prepared tbe following opinion for tbe court:

Tbis action was brought by tbe state of Montana, on tbe relation of Fannie E. Cbenowetb, against Rebecca Acton, to try title to tbe office of county superintendent of schools for Teton county, tbe relator claiming that tbe defendant bad intruded into and usurped tbe office, and asking that she be ousted and excluded therefrom. Tbe defendant answered, denying tbe material allegations of tbe complaint; pleaded affirmatively her own right to tbe office, tbe relator’s lack of right and ineligibility thereto, and prayed that she…