Legal Opinion

State ex rel. Smith v. Duncan

Montana Supreme Court

Decided December 17, 1918No. 4,330PublishedCited by 17 opinions

Original application for writ of mandate by the State on the relation of Park Smith, against A. J. Duncan, County Clerk and Eecorder of the County of Lewis and Clark.

1Opinion of the CourtJustice Holloway

At the general election held November 5 of this year, Frank D. Miracle was elected state senator for Lewis and Clark county to fill the unexpired term of the senator elected in 1916 who resigned. On November 22 the newly elected senator died, and on November 27 a special election was duly called for December 28 to elect a senator to fill the vacancy. On November 30 the Republican county central committee, acting through its executive committee, assumed to nominate Park Smith as the candidate of the Republican party for state senator, and certified his nomination to the county clerk, who…

2Cited by17 opinions

  1. Dosen v. East Butte Copper Mining Co.Montana Supreme Court · 1927
  2. Nangle v. Northern Pacific Railway Co.Montana Supreme Court · 1934
  3. State Ex Rel. Snidow v. State Board of EqualizationMontana Supreme Court · 1932
  4. Morrison v. Farmers & Traders' State BankMontana Supreme Court · 1924
  5. State Ex Rel. Special Road District No. 8 v. MillisMontana Supreme Court · 1927

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