Dickerman v. Gelsthorpe
Montana Supreme Court
Appeal from District Court, Cascade County. C. 3. Benton, Judge. ' Proceeding by A. E. Dickerman against W. H. Gelsthorpe, to contest an election. Judgment in court below was for contestant. Statement of the case by the justice delivering the opinion. This was a proceeding instituted under the provisions of Title II, part III, of the Code of Civil Procedure of Montana, to contest an election to the office of county treasurer of Cascade county.
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Appeal from District Court, Cascade County. C. 3. Benton, Judge. ' Proceeding by A. E. Dickerman against W. H. Gelsthorpe, to contest an election. Judgment in court below was for contestant. Statement of the case by the justice delivering the opinion. This was a proceeding instituted under the provisions of Title II, part III, of the Code of Civil Procedure of Montana, to contest an election to the office of county treasurer of Cascade county. At the election held November 3, 1896, Dickerman was a candidate for the office on the Republican and Silver Republican tickets. Gelsthorpe ran on the…
1Opinion of the CourtBuck, J.
Counsel for respondent construe section 1361 in connection with section 1354 of the Political Code, as follows :
‘ ‘How to Prepare Ballots. The law does not allow a voter in any case to erase any names on his ballot. The law requires voting to be by the X-mark. First, on receipt of his ballot, the elector must forthwith and alone retire to one of the compartments, and prepare his ballot as follows :
“How to Vote a Straight Ticket. (1)' If the voter shall desire to vote a straight party ticket, he may do so by making a cross in the circle at the head of the list representing his political party.…
2Cases cited9 opinions
- Parvin v. WimbergIndiana Supreme Court · 1892
- People Ex Rel. Hirsh v. . WoodNew York Court of Appeals · 1895
- Stackpole v. HallahanMontana Supreme Court · 1895
- State ex rel. Waggoner v. RussellNebraska Supreme Court · 1892
- Whittam v. ZahorikSupreme Court of Iowa · 1894
4 more not listed; retrieve them via the Exa API.
3Cited by17 opinions
- State ex rel. Brooks v. FranshamMontana Supreme Court · 1897
- Hunt v. CampbellArizona Supreme Court · 1917
- Carwile v. JonesMontana Supreme Court · 1909
- Howser v. PepperNorth Dakota Supreme Court · 1899
- Nicholls v. BarrickSupreme Court of Colorado · 1900
12 more not listed; retrieve them via the Exa API.