Durfee v. Harper
Montana Supreme Court
Appeal from District Court, Granite County; Theodore Brantly, Judge. Separate actions by F. M. Durfee against Joseph H. Harper, assignee of F. M. Durfee and F. W. Sherman, and others, and by the Thompson Investment Company against F. M. Durfee. From a decree against Durfee in both cases, he appeals. Statement of the case by the Justice delivering the opinion.
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Appeal from District Court, Granite County; Theodore Brantly, Judge. Separate actions by F. M. Durfee against Joseph H. Harper, assignee of F. M. Durfee and F. W. Sherman, and others, and by the Thompson Investment Company against F. M. Durfee. From a decree against Durfee in both cases, he appeals. Statement of the case by the Justice delivering the opinion. The action under the first above mentioned title was brought by Durfee, plaintiff and appellant, against Harper, assignee of Durfee & Sherman, and the other defendants, to set aside a sale of two certificates of the capital stock of the…
1Opinion of the CourtHunt, J.
At the outset of this case we find ourselves confronted with a constitutional point of much importance, necessitating a decision of the question whether the amendment to the Constitution of the State relative to the j ustices of the Supreme Court, proposed by the act of the Fifth Legislative Assembly, approved March 3, 1897, and voted upon at the gen*361eral election held in November, 1898, became, and now is, a portion of the Constitution itself. The inquiry arises in this way: The Fifth Legislative Assembly provided for the submission to the qualified electors of the state, at the general…
2Cases cited14 opinions
- Oakland Paving Co. v. HiltonCalifornia Supreme Court · 1886
- Koehler & Lange v. HillSupreme Court of Iowa · 1883
- Collier v. FriersonSupreme Court of Alabama · 1854
- Cushman v. Thayer Manufacturing Jewelry Co.New York Court of Appeals · 1879
- State v. McBrideSupreme Court of Missouri · 1836
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3Cited by29 opinions
- Ellingham v. DyeIndiana Supreme Court · 1912
- McConaughy v. Secretary of StateSupreme Court of Minnesota · 1909
- Martien v. PorterMontana Supreme Court · 1923
- Chessman v. HaleMontana Supreme Court · 1905
- State Ex Rel. Livingstone v. MurrayMontana Supreme Court · 1960
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