Legal Opinion · Dissent

State Ex Rel. Westlake v. District Court of First Judicial District Ex Rel. Lewis & Clark County

Montana Supreme Court

Decided November 1, 1946No. 8681Published

1DissentJustice Adair

This case has its political as well as its legal aspects.

The political question involved should be reserved for action by the legislative assembly rather than for the consideration of an appellate court, in an original proceeding.

The questions of law here presented should be carefully reviewed. and determined by the court entirely uninfluenced by the political considerations so boldly Manifest.

O. L. Brackman, an individual, owns and operates two retail grocery stores in the city of Helena, Montana. By' virtue of store licenses duly and regularly issued by the Montana State-Board of…

2Cases cited40 opinions

  1. Jersey Maid Milk Products Co. v. BrockCalifornia Supreme Court · 1939
  2. People v. BrophyCalifornia Court of Appeal · 1942
  3. Wright v. JordanCalifornia Supreme Court · 1923
  4. Hallett v. MooreMassachusetts Supreme Judicial Court · 1933
  5. Johnson v. HerringMontana Supreme Court · 1931

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