Heyfron v. Mahoney
Montana Supreme Court
Appeal from Second Judicial District, Missoula Comity. The cause was tried before De Wolfe, J. The subpoena, with the coroner’s return thereon, was inadmissible and incompetent as evidence; and its admission by the court over the objection of appellant was error.
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Appeal from Second Judicial District, Missoula Comity. The cause was tried before De Wolfe, J. The subpoena, with the coroner’s return thereon, was inadmissible and incompetent as evidence; and its admission by the court over the objection of appellant was error. During the trial the respondent, by leave of the court, filed an amendment to the eleventh ground of contest, and the appellant then moved the court to strike out a portion of said amendment, which motion was overruled by the court; and this we hold was error. The evidence does not support the findings of the court in this. It does…
1Opinion of the CourtBlake, C. J.
At the general election, held November 6, 1888, Daniel J. Heyfron was the Democratic, and Cain B. Mahoney was the Republican candidate for the office of sheriff of the county of Missoula. The official canvass of the returns from all the precincts showed that Mahoney had received 1,843 votes and Heyfron 1,797 votes, and the certificate of election was delivered to the first-named person. Heyfron then initiated this contest by filing with the county clerk his statement, which sets forth many grounds under the provisions of the statute. *501(Comp. Stats, div. 5, §§ 1043, 1044.) Mahoney interposed a…
2Cases cited3 opinions
- Knowles v. YeatesCalifornia Supreme Court · 1866
- Preston v. CulbertsonCalifornia Supreme Court · 1881
- Wells v. TaylorMontana Supreme Court · 1884
3Cited by25 opinions
- State ex rel. Cashmore v. AndersonMontana Supreme Court · 1972
- Attorney General ex rel. Reynolds v. MayMichigan Supreme Court · 1894
- Attorney General ex rel. Seavitt v. McQuadeMichigan Supreme Court · 1892
- Moore v. SharpTennessee Supreme Court · 1897
- McMaster v. WilkinsonNebraska Supreme Court · 1944
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