Legal Opinion

State ex rel. Patterson v. Lentz

Montana Supreme Court

Decided February 24, 1915No. 3,611PublishedCited by 26 opinions

Original application in quo warranto by tbe State, on tbe relation of John E. Patterson, against Theodore Lentz, to determine title of respondent to the office of judge of tbe Fourth Judicial District. Judgment for respondent, Theodore Lentz.

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Original application in quo warranto by tbe State, on tbe relation of John E. Patterson, against Theodore Lentz, to determine title of respondent to the office of judge of tbe Fourth Judicial District. Judgment for respondent, Theodore Lentz. It is suggested by respondent, that the sentence in section 34, Article VIII, Constitution, which provides that persons appointed to fill a vacancy shall hold until the next general election and until bis successor is elected and qualified, is constrolling in this case and is absolutely mandatory, requiring an election to be held at the next biennial…

1Opinion of the CourtChief Justice Brantlt

This is an original proceeding, in the nature of quo warranto to determine the title of respondent to the office of judge of the fourth judicial district. After the issues had been made up, the parties entered into a stipulation as to the facts, and settled them in a formal written statement. The controversy was submitted on this statement, which discloses the following: By an Act approved February 11, 1913 (Laws 1913, Chap. 14, p. 14), a third judgeship was created in the fourth judicial district. Section 2 of the Act provides: “The governor shall appoint some fit and qualified person as…

2Cases cited32 opinions

  1. Dishon v. SmithSupreme Court of Iowa · 1859
  2. State ex rel. Mullen v. DohertyWashington Supreme Court · 1897
  3. Bordeaux v. BordeauxMontana Supreme Court · 1902
  4. People ex rel. McKune v. WellerCalifornia Supreme Court · 1858
  5. State ex rel. Berge v. LansingNebraska Supreme Court · 1895

27 more not listed; retrieve them via the Exa API.

3Cited by26 opinions

  1. State ex rel. Bonner v. DixonMontana Supreme Court · 1921
  2. Gullickson v. MitchellMontana Supreme Court · 1942
  3. Weisgerber v. Nez Perce CountyIdaho Supreme Court · 1921
  4. Shekelton v. Toole CountyMontana Supreme Court · 1934
  5. State Ex Rel. Dick Irvin, Inc. v. AndersonMontana Supreme Court · 1974

21 more not listed; retrieve them via the Exa API.

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