Legal Opinion

State ex rel. Scharnikow v. Hogan

Montana Supreme Court

Decided October 10, 1900No. 1613PublishedCited by 7 opinions

Original application by the state of Montana, on the relation of Edward Scharnikow, against Thomas S. Hogan, as secretary of state of the state of Montana, for writ of mandate to compel him to certify to the relator’s 'nomination. ¡Statement of the Case.

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Original application by the state of Montana, on the relation of Edward Scharnikow, against Thomas S. Hogan, as secretary of state of the state of Montana, for writ of mandate to compel him to certify to the relator’s 'nomination. ¡Statement of the Case. This is an application for a writ of mandate to compel Thomas S. Hogan, as secretary of state, to certify to the county clerks of Deer Lodge and Granite counties, respectively, to be printed upon the official ballot, the name of Edward Scharnikow as the regular democratic nominee for district judge for the Third judicial district, which is…

1Opinion of the CourtChief Justice Brantly

The relator’s argument is that the delegates chosen in the counties composing judicial districts to represent them'in the state convention called to nominate a state ticket are authorized by the practice which has prevailed in the Democratic party in this state, until it has grown to be an established custom, to join-in a judicial convention, and nominate candidates for the district judgeships, without regard to whether they have been directed by the electors, through the county conventions, to do so or not; that the bolting delegates from Deer Lodge and Granite counties, by their behavior in…

2Cases cited7 opinions

  1. In Re Objections to the Certificate of Nomination of FairchildNew York Court of Appeals · 1897
  2. In re RedmondNew York Supreme Court · 1893
  3. State ex rel. Woody v. RotwittMontana Supreme Court · 1896
  4. State ex rel. Russel v. TookerMontana Supreme Court · 1896
  5. State ex rel. Metcalf v. JohnsonMontana Supreme Court · 1896

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3Cited by7 opinions

  1. State ex rel. Mills v. StewartMontana Supreme Court · 1922
  2. State ex rel. Metcalf v. WilemanMontana Supreme Court · 1914
  3. Walling v. LansdonIdaho Supreme Court · 1908
  4. State ex rel. Gilchrist v. WestonMontana Supreme Court · 1902
  5. State ex rel. Hatch v. SmartMontana Supreme Court · 1900

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