Legal Opinion

Stephens v. Nacey

Montana Supreme Court

Decided May 26, 1914No. 3,438PublishedCited by 7 opinions

Appeal from District Court, Valley County; J. Miller Smith, a Judge of the First Judicial District, presiding. Election Contest by James R. Stephens against Patrick Nacey. Judgment for the contestee, and contestant appeals. The right to vote is neither a property right nor a right of persons, but a mere political privilege, which the legislature may regulate to any extent not prohibited by the state or federal constitutions. (State v. Superior Court, 60 Wash. 370, 140 Am.

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Appeal from District Court, Valley County; J. Miller Smith, a Judge of the First Judicial District, presiding. Election Contest by James R. Stephens against Patrick Nacey. Judgment for the contestee, and contestant appeals. The right to vote is neither a property right nor a right of persons, but a mere political privilege, which the legislature may regulate to any extent not prohibited by the state or federal constitutions. (State v. Superior Court, 60 Wash. 370, 140 Am. St. Rep. 925, 111 Pac. 233; 15 Cye. 281; 10 Am. & Eng. Ency. of Law, 2d ed., 568; Cooley’s Constitutional Limitations, 6th…

1Opinion of the CourtChief Justice Brantly

Election contest involving title to the office of sheriff of Valley county. Heretofore a judgment by the district court dismissing the contest for want of jurisdiction was reversed, and it was directed that the right to the office be determined as it should be made to appear under the issues of fact presented by the pleadings. (Stephens v. Nacey, 47 Mont. 479, 133 Pac. 361.) The allegations in the original statement impeached the legality of the vote cast at polling place No. 1, of Saco precinct, and the entire vote cast at Poplar precinct. Prior to the trial the contestant, by leave of…

2Cases cited8 opinions

  1. United States v. Forty-Three Gallons of WhiskeySupreme Court of the United States · 1876
  2. Dick v. United StatesSupreme Court of the United States · 1908
  3. Spalding v. ChandlerSupreme Court of the United States · 1896
  4. Missouri, Kansas & Texas Railway Co. v. RobertsSupreme Court of the United States · 1894
  5. Clairmont v. United StatesSupreme Court of the United States · 1912

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3Cited by7 opinions

  1. Dunagan v. Town of Red RockSupreme Court of Oklahoma · 1916
  2. Herken v. GlynnSupreme Court of Kansas · 1940
  3. In Re Kostohris' EstateMontana Supreme Court · 1934
  4. Gervais v. RolfeMontana Supreme Court · 1920
  5. Kibble v. MorrisMontana Supreme Court · 1936

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