State ex rel. Holliday v. O'Leary
Montana Supreme Court
Mandamus. Original application by tbe state, on tbe relation of W. H. Holliday, against John O’Leary, as clerk of the city of Butte, Silver Bow county, to compel the filing of relator’s certificate of nomination as a candidate for the office of police judge of the city. Chapter 113, Laws of 1909, is obnoxious to section 23, Article Y, of the state Constitution.
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Mandamus. Original application by tbe state, on tbe relation of W. H. Holliday, against John O’Leary, as clerk of the city of Butte, Silver Bow county, to compel the filing of relator’s certificate of nomination as a candidate for the office of police judge of the city. Chapter 113, Laws of 1909, is obnoxious to section 23, Article Y, of the state Constitution. (See Rouse v. Thompson, 228 111. 522, 81 N. E. 1109; Yegen v. Board of Commissioners, 34 Mont. 79, 85 Pae. 740; Lewis’ Sutherland on Statutory Construction, 2d ed., secs. 123, 125; State v. Broivn, 29 Mont. 207,, 74 Pae. 366; Blades v.…
1Opinion of the CourtJustice Holloway
On March 2 of this year, and within the time allowed by law for filing certificates of nominations of candidates for city offices, there was presented to the city clerk of Butte, for filing, a certificate which on its face discloses that relator had thereto*161fore been regularly nominated by the Republican party of Butte as its candidate for the office of police judge of said city, to be voted for at the forthcoming city election. The city clerk refused to file the certificate, upon the sole ground that Chapter 113, Laws of 1909, forbade him doing so. Application was thereupon made to this court…
2Cases cited12 opinions
- People ex rel. Breckon v. Board of Election CommissionersIllinois Supreme Court · 1906
- Rouse v. ThompsonIllinois Supreme Court · 1907
- State ex rel. Adair v. DrexelNebraska Supreme Court · 1905
- Spratt v. Helena Power Transmission Co.Montana Supreme Court · 1908
- Jobb v. County of MeagherMontana Supreme Court · 1898
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3Cited by42 opinions
- State Ex Rel. Malott v. Board of County CommissionersMontana Supreme Court · 1930
- Chovanak v. MatthewsMontana Supreme Court · 1948
- City of Amarillo v. TutorTexas Commission of Appeals · 1924
- Idaho Gold Dredging Co. v. BalderstonIdaho Supreme Court · 1938
- State ex rel. Redman v. MeyersMontana Supreme Court · 1922
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