State ex rel. Kennedy v. Martin
Montana Supreme Court
Original application by the state of Montana, on the relation of J. M. Kennedy and others, against Martin Martin, as county clerk and recorder of Deer Lodge county, Montana, for a writ of mandate to compel him to file relators’ certificate of nomination. Statement of the Case.
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Original application by the state of Montana, on the relation of J. M. Kennedy and others, against Martin Martin, as county clerk and recorder of Deer Lodge county, Montana, for a writ of mandate to compel him to file relators’ certificate of nomination. Statement of the Case. Application for writ of mandate to compel Martin Martin, as clerk of Deer Lodge county, to file the certificate of nomination of the relators for the various county offices in Deer Lodge county, and to print their names upon the official ballot in the column headed “Democratic.” The facts necessary to be considered in…
1Opinion of the Court
MR. CHIEF JUSTICE BRANTLY,
after stating the case,-delivered the opinion of the Court.
The question presented in this case is: What is the legal effect of the action of the state convention, wheieby ic gave authority to the Kennedy delegates to take charge of and control the affairs of the party in Deer Lodge county, to call a convention, and to nominate candidates for such offices as it was within the powers of that convention to make, under the regular party designation? Is this conclusive upon the rights of the candidates named by the convention of October 2d to have their names appear upon…
2Cases cited2 opinions
- In Re Objections to the Certificate of Nomination of FairchildNew York Court of Appeals · 1897
- State ex rel. Gillis v. JohnsonMontana Supreme Court · 1896
3Cited by10 opinions
- State ex rel. Cook v. HouserWisconsin Supreme Court · 1904
- State ex rel. Clarke v. MoranMontana Supreme Court · 1900
- State ex rel. Mills v. StewartMontana Supreme Court · 1922
- Walling v. LansdonIdaho Supreme Court · 1908
- Wigoda v. CousinsAppellate Court of Illinois · 1973
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