Legal Opinion

Lloyd v. Sullivan

Montana Supreme Court

Decided April 15, 1890PublishedCited by 9 opinions

Appeal from Second Judicial District, Silver Bow County. The contest was tried before McIIattoN, J., without a jury. Contestant brings this action under section 1043, fifth division of the Compiled Statutes, to determine which of the two candidates for the office of sheriff is entitled to the same, “in such manner as shall carry into effect the expressed will of a majority of the legal voters.”

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Appeal from Second Judicial District, Silver Bow County. The contest was tried before McIIattoN, J., without a jury. Contestant brings this action under section 1043, fifth division of the Compiled Statutes, to determine which of the two candidates for the office of sheriff is entitled to the same, “in such manner as shall carry into effect the expressed will of a majority of the legal voters.” Issue was joined as to the number of legal voters who voted at preciuct 34, of the county of Silver' Bow, and upon other issues raised by the pleadings. The contestant offered certain subpmnas and the…

1Opinion of the CourtBlake, C. J.

This is an election contest between Lloyd, the appellant, and Sullivan, the respondent, who were candidates for the office of sheriff of the county of Silver Bow at the election held in 1889. The certificates of the nomination of Lloyd by the Republican, and Sullivan by the Democratic conventions were properly filled. The official abstract of the vote cast at the election, according to the canvass which was made October 14, 1889, gave Lloyd, 3,490, and Sullivan, 3,363 votes. There was no other canvass of the vote for these parties, but the county clerk issued the certificate of election to…

2Cases cited18 opinions

  1. Russell v. McDowellCalifornia Supreme Court · 1890
  2. Dorsey v. Barry.California Supreme Court · 1864
  3. Govan v. JacksonSupreme Court of Arkansas · 1877
  4. Hadley v. GutridgeIndiana Supreme Court · 1877
  5. Dobyns v. WeadonIndiana Supreme Court · 1875

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3Cited by9 opinions

  1. Emerson v. Eldorado Ditch Co.Montana Supreme Court · 1896
  2. Withers v. KemperMontana Supreme Court · 1901
  3. Incorporated Town of Ryan v. Town of WaurikaSupreme Court of Oklahoma · 1911
  4. Ferguson v. AllenUtah Supreme Court · 1891
  5. King v. Board of EducationSupreme Court of Georgia · 1932

4 more not listed; retrieve them via the Exa API.

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