Legal Opinion

State ex rel. Smith v. District Court

Montana Supreme Court

Decided December 18, 1914No. 3,595PublishedCited by 22 opinions

Original application by the State on the relation of Charles W. Smith, for writ of certiorari, to review an order of the District Court of the Fourteenth Judicial District in and for the County of Broadwater and John A. Matthews, Judge thereof; refusing a writ of mandate.

1Opinion of the CourtJustice Holloway

At the general election held on November 3, 1914, Charles W. Smith was the Republican candidate, and Charles S. Muffly was the Democratic candidate, for state senator for Broadwater county. The canvassing board returned that Muffly received the highest number of votes, and a certificate of election was issued to him on November 6. On November 25 Smith commenced an action in the district court of Broadwater county contesting Muffly’s election. On December 3 the contestant secured leave of the court to amend his petition or complaint by striking therefrom:

“In the District Court of the…

2Cases cited4 opinions

  1. State ex rel. Schneider v. CunninghamMontana Supreme Court · 1909
  2. O'Neill v. Yellowstone Irrigation DistrictMontana Supreme Court · 1912
  3. State v. GilmoreSupreme Court of Kansas · 1878
  4. State v. HollandMontana Supreme Court · 1908

3Cited by22 opinions

  1. Duffy v. ConawayCourt of Appeals of Maryland · 1983
  2. Great Northern Utilities Co. v. Public Service CommissionMontana Supreme Court · 1930
  3. State ex rel. Richards v. WhismanSouth Dakota Supreme Court · 1915
  4. State ex rel. Biggs v. CorleySupreme Court of Delaware · 1934
  5. Sutherland v. MillerWest Virginia Supreme Court · 1917

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