Legal Opinion

State ex rel. Haviland v. Beadle

Montana Supreme Court

Decided November 5, 1910No. 2,939PublishedCited by 2 opinions

Original application for writ of mandate by the state, on the relation of W. H. Haviland, against M. Kerr Beadle, as county clerk of the county of Silver Bow, to require respondent to omit from the official ballot names of candidates for state senator nominated by political convention.

1Opinion of the CourtJustice Smith

The relator filed his petition for an alternative writ of mandate, reciting therein that he has heretofore filed with the respondent, as county clerk and recorder, a certificate in due form, nominating him as an independent or nonpartisan candidate for the office of state senator for Silver Bow county; that the Democratic, Republican, Labor, and Socialist parties in that county have made nominations for the same office by and through political conventions, which nominations have all been certified to the respondent clerk and recorder, who declares his intention of placing the names so…

2Cases cited7 opinions

  1. State v. WomackWashington Supreme Court · 1892
  2. In re Speakership of the House of RepresentativesSupreme Court of Colorado · 1890
  3. State v. GilmoreSupreme Court of Kansas · 1878
  4. Esmeralda County v. Third Judicial District CourtNevada Supreme Court · 1884
  5. Twenty Per Cent. CasesSupreme Court of the United States · 1872

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3Cited by2 opinions

  1. State v. MustoNew Jersey Superior Court Appellate Division · 1982
  2. Diffie v. CowanCourt of Appeals of Texas · 1932

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