State ex rel. Livesay v. Smith
Montana Supreme Court
Appeal from District Court, Sanders County; F. C. Webster, Judge. Quo warranto by the state on the relation of Corbie Livesay against L. E. Smith. From a judgment for relator, defendant appeals.
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Appeal from District Court, Sanders County; F. C. Webster, Judge. Quo warranto by the state on the relation of Corbie Livesay against L. E. Smith. From a judgment for relator, defendant appeals. Citing: Matthewson v. County Commissioners, 34 Kan. 607, 9 Pae. 769; State v. Collins, 2 Nev. 351; State v. Philips, 30 Fla. 579, 11 South. 922; People v. Wilson, 72 N. C. 157; People v. Coll, 132 Cal. 334, 64 Pae. 477; People v. Hardy, 8 Utah, 73, 29 Pae. 1118; State v. Gardiner, 3 S. Dak. 553, 54 N. W. 606; Meehem on Public Officers, see. 174; Kenfield v. Irwin, 52 Cal. 164; People v. Weller, 11…
1Opinion of the CourtJustice Smith
This is an appeal from a judgment of the district court for Sanders county, in a quo warranto proceeding, ousting the appellant from the office of clerk of the district court of that county and declaring the relator entitled to the same.
The facts, as disclosed by the pleadings, upon which judgment was rendered, are as follows: By an Act of the ninth legislative assembly (Laws, 1905, p. 18) the county of Sanders was created, its boundaries defined, and its organization and government provided for. Certain persons were by the Act appointed to fill the various county offices. ■ The appellant was *525…
2Cases cited10 opinions
- State ex rel. McGee v. GardnerSouth Dakota Supreme Court · 1893
- State ex rel. Watson v. CobbSupreme Court of Kansas · 1863
- People of North Carolina Ex Rel. Cloud v. . WilsonSupreme Court of North Carolina · 1875
- Matthews v. CommissionersSupreme Court of Kansas · 1886
- People ex rel. Lynch v. BuddCalifornia Supreme Court · 1896
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3Cited by5 opinions
- State ex rel. Patterson v. LentzMontana Supreme Court · 1915
- State ex rel. Fish v. HowellWashington Supreme Court · 1910
- State Ex Rel. Foot v. RoggeMontana Supreme Court · 1927
- Winter v. DavisIdaho Supreme Court · 1944
- Frix v. State Ex Rel. LautzSupreme Court of Florida · 1947