Gervais v. Rolfe
Montana Supreme Court
Election Contest by Emil J. Gervais against P. M. Rolfe. Prom judgment for contestee, and an order denying contestant a new trial, he appeals. Contestee appeals from the judgment so far as it denies his right to recover his costs. The court made an error in failing to find for whom the seven illegal voters other than Martin Grinolds voted and in applying the apportionment rule to Coburg precinct as to said seven votes.
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Election Contest by Emil J. Gervais against P. M. Rolfe. Prom judgment for contestee, and an order denying contestant a new trial, he appeals. Contestee appeals from the judgment so far as it denies his right to recover his costs. The court made an error in failing to find for whom the seven illegal voters other than Martin Grinolds voted and in applying the apportionment rule to Coburg precinct as to said seven votes. In this paragraph we wish to submit that the failure of the court to find for whom the illegal voters in Coburg precinct voted and in applying the apportionment rule to Coburg…
1Opinion of the CourtJustice Holloway
At the general election held in November, 1918, Emil J. Gervais and F. M. Rolfe were rival candidates for the office of county treasurer of Blaine county. The canvassing board returned that Rolfe received 662 votes and Gervais 661. A certificate of election was issued to Rolfe, and this contest was thereupon instituted. The trial resulted in a judgment in favor of Rolfe, and Gervais appealed from the judgment and from the order denying him a new trial.
The contest involves only the votes cast in two precincts. In the complaint it is alleged that in Wing precinct, where Gervais received 7 votes…
2Cases cited10 opinions
- People Ex Rel. Smith v. PeaseNew York Court of Appeals · 1863
- Daniels v. Granite Bi-Metallic Con. Mining Co.Montana Supreme Court · 1919
- McDonnell v. HuffineMontana Supreme Court · 1912
- Heyfron v. MahoneyMontana Supreme Court · 1890
- Lane v. BaileyMontana Supreme Court · 1904
5 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- First State Bank v. LarsenMontana Supreme Court · 1925
- Gahagan v. GuglerMontana Supreme Court · 1935
- State Ex Rel. Ainsworth v. District CourtMontana Supreme Court · 1938
- Buckhouse v. Joint School District No. 28Montana Supreme Court · 1929
- Pattyn v. FaversMontana Supreme Court · 1958