Legal Opinion

Stephens v. Nacey

Montana Supreme Court

Decided June 14, 1913No. 3,312PublishedCited by 6 opinions

Appeal from District Court, Valley County; J. Miller Smith, a Judge of the First Judicial District, presiding. Action by James R. Stephens against Patrick Nacey. From a judgment of dismissal of an election contest, contestant appeals.

1Opinion of the CourtJustice Holloway

At the general election of 1912, Jas. R. Stephens was the Republican nominee for the office of sheriff in Valley county. The county canvassing board declared Patrick Nacey elected sheriff, and on December 2 Stephens filed his statement of contest. The clerk of the court immediately notified Hon. Frank *481N. Utter, one of the judges of the twelfth judicial district, but nothing whatever was done by Judge Utter, and on December 24 Stephens disqualified him. On January 2 Judge Utter made an order transferring the cause to that department of the district court of Valley county presided over by Hon.…

2Cases cited4 opinions

  1. Curry v. McCafferyMontana Supreme Court · 1913
  2. Moore v. Superior CourtCalifornia Court of Appeal · 1912
  3. Busick v. Superior CourtCalifornia Court of Appeal · 1911
  4. Hagerty v. ConlanCalifornia Court of Appeal · 1911

3Cited by6 opinions

  1. Meech v. Hillhaven West, Inc.Montana Supreme Court · 1989
  2. Atkinson v. Roosevelt CountyMontana Supreme Court · 1924
  3. Dubie v. BataniMontana Supreme Court · 1934
  4. Thompson v. ChapinMontana Supreme Court · 1922
  5. Stephens v. NaceyMontana Supreme Court · 1914

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