Legal Opinion · Dissent

Dubie v. Batani

Montana Supreme Court

Decided July 24, 1934No. 7,196Published

1Dissent

I agree with what is said in the majority opinion with respect to precinct No. 9. As to precinct No. 11, after hearing evidence by the contestant designed to impeach the election returns, and after hearing evidence by contestee in opposition, the court admitted the ballots in evidence over the objection of contestee. The recount by the court showed a change sufficient to affect the result of the election.

To avoid the consequences of declaring Dubie elected commissioner, the court found that these ballots had been tampered with. My associates think the correct result was reached and do so by…

2Cases cited8 opinions

  1. Williams v. BuchananSupreme Court of Arkansas · 1908
  2. Tschetter v. RaySouth Dakota Supreme Court · 1912
  3. Ellwood City Borough's Contested ElectionSupreme Court of Pennsylvania · 1926
  4. Bloecher & Schaaf, Inc. v. Pennsylvania RailroadCourt of Appeals of Maryland · 1932
  5. Bolton v. ClarkIndiana Supreme Court · 1903

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