State ex rel. Woods v. Tooker
Montana Supreme Court
ORIGINAL Proceeding. Application for writ of mandate to compel a county clerk to file certificates of nomination for the office of county commissioners, prior to general election of 1894. Statement of the case by Mr. Justice De Witt: The relators ask a writ of mandamus, directed to the respondent, as county clerk and recorder of Lewis and Clarke county, requiring him, in pursuance to the ballot law (Acts 16th Legislature, Sess.
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ORIGINAL Proceeding. Application for writ of mandate to compel a county clerk to file certificates of nomination for the office of county commissioners, prior to general election of 1894. Statement of the case by Mr. Justice De Witt: The relators ask a writ of mandamus, directed to the respondent, as county clerk and recorder of Lewis and Clarke county, requiring him, in pursuance to the ballot law (Acts 16th Legislature, Sess. Laws 1889, p. 135), to file in his office the certificate of the relators’ nomination for the office of county commissioner of said county. The petitioners set forth…
1Opinion of the CourtDe Witt, J.
— Counsel for relators has presented to us the general rules as to when statutes should be construed to be mandatory and when directory, and has argued, upon their analogies, that the provision of our constitution which requires a proposed amendment to that instrument to be published for three months is directory only, and that a disregard of the provision is not fatal to the adoption of the amendment. The reports are full of decisions which have applied these principles as to the construction of certain provisions of statutes, but we need not enter upon an elaborate examination of these…
2Cases cited4 opinions
- Oakland Paving Co. v. HiltonCalifornia Supreme Court · 1886
- Constitutional Prohibitory AmendmentSupreme Court of Kansas · 1881
- Koehler & Lange v. HillSupreme Court of Iowa · 1883
- Collier v. FriersonSupreme Court of Alabama · 1854
3Cited by44 opinions
- Kadderly v. PortlandOregon Supreme Court · 1903
- Ellingham v. DyeIndiana Supreme Court · 1912
- State ex rel. Hay v. AldersonMontana Supreme Court · 1914
- Gottstein v. ListerWashington Supreme Court · 1915
- State v. Camp SingMontana Supreme Court · 1896
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