Toncray v. Budge
Idaho Supreme Court
APPEAL from tbe District Court of the Fifth Judicial District, for the County of Bannock. Hon. J. M. Stevens, Judge of the Sixth Judicial District, presiding. Proceedings on complaint of Dudley D. Toncray, an elector, to contest the election of Hon. Alfred Budge as Judge of the Fifth Judicial District. Judgment for the defendant and plaintiff appeals.
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APPEAL from tbe District Court of the Fifth Judicial District, for the County of Bannock. Hon. J. M. Stevens, Judge of the Sixth Judicial District, presiding. Proceedings on complaint of Dudley D. Toncray, an elector, to contest the election of Hon. Alfred Budge as Judge of the Fifth Judicial District. Judgment for the defendant and plaintiff appeals. Under the specific grant of power contained in secs. 9 and 10, art. 5, of the constitution there is no possible ground upon which the supreme court can be said tó have original jurisdiction of this case. Neither is it possible by legislation to…
1Opinion of the CourtAilshie, C. J.
This proceeding was instituted on December 15, 1906, in the district court of the fifth judicial district in and for the county of Bannock. It is a proceeding to contest the election of the defendant and respondent as judge of the fifth judicial district of this state. The complainant alleged that he was an elector of the state and of the county of Bannock on November 6, 1906, and that as such elector he prosecutes this proceeding to contest the election of the Honorable Alfred Budge as district judge. He alleges that on November 6, 1906, the defendant was elected judge of the fifth judicial…
2Cases cited33 opinions
- Reynolds v. United StatesSupreme Court of the United States · 1879
- Ex Parte GarlandSupreme Court of the United States · 1867
- Cummings v. MissouriSupreme Court of the United States · 1867
- Davis v. BeasonSupreme Court of the United States · 1890
- Late Corp. of the Church of Jesus Christ of Latter-Day Saints v. United StatesSupreme Court of the United States · 1890
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3Cited by49 opinions
- Cleveland v. United StatesSupreme Court of the United States · 1946
- Newman v. United States Ex Rel. FrizzellSupreme Court of the United States · 1915
- State v. Village of Garden CityIdaho Supreme Court · 1953
- Rich v. WilliamsIdaho Supreme Court · 1959
- Higer v. HansenIdaho Supreme Court · 1946
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