Legal Opinion

State ex rel. Gilchrist v. Weston

Montana Supreme Court

Decided October 29, 1902No. 1,876; No. 1,875PublishedCited by 7 opinions

ApplicatioN by the state, on relation of M. P. Gilchrist, for mandamus against John Weston, as county clerk and recorder of Silver Row county, Montana, to compel respondent to place relatoras name on the ballot to be voted at the November, 1902, election, as a Democratic candidate for election as district judge. STATEMENT OP TI-IE CASE. Application for writ of mandamus.

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ApplicatioN by the state, on relation of M. P. Gilchrist, for mandamus against John Weston, as county clerk and recorder of Silver Row county, Montana, to compel respondent to place relatoras name on the ballot to be voted at the November, 1902, election, as a Democratic candidate for election as district judge. STATEMENT OP TI-IE CASE. Application for writ of mandamus. The facts out of which this controversy arose, so far as a statement of them is necessary to present the questions involved, are the following: On Sep-temer 6, 1902, eme G-eorge H. Casey, the chairman of the central committee…

1Opinion of the Court 1

ME. CHIEF JUSTICE BEAN1TLY,

after stating the case, delivered the opinion of the court.

At the hearing, counsel for the relator argued that, inasmuch as the controversy between the contending factions in the com•mittee and the party in Silver Bow county had been submitted to and determined by the state convention in favor of the Casey convention, this determination must be regarded as conclusive upon the right of the nominees on the Oasey ticket to have their names appear upon the ballot under the party designation. The contention was also made that, though the judgment of the state convention…

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2Cases cited5 opinions

  1. Attorney General v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1874
  2. State ex rel. Clarke v. MoranMontana Supreme Court · 1900
  3. State ex rel. Kennedy v. MartinMontana Supreme Court · 1900
  4. State ex rel. Scharnikow v. HoganMontana Supreme Court · 1900
  5. State ex rel. Hatch v. SmartMontana Supreme Court · 1900

3Cited by7 opinions

  1. State ex rel. Cook v. HouserWisconsin Supreme Court · 1904
  2. State ex rel. Smith v. County CourtWest Virginia Supreme Court · 1916
  3. State ex rel. Schneider v. CunninghamMontana Supreme Court · 1909
  4. Boggess v. BuxtonWest Virginia Supreme Court · 1910
  5. Walling v. LansdonIdaho Supreme Court · 1908

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