Gillespie v. Dion
Montana Supreme Court
Appeal from Seventh Judicial District, Dawson County. ElectioN Contest. Judgment was rendered by Milburn, J., declaring the election void as to both parties. Statement of the case by the justice delivering the opinion. The plaintiff, Gillespie, seeks to contest the election of Henry Dion, the defendant and contestee, to the office of county treasurer for Dawson county.
Read the full summary
Appeal from Seventh Judicial District, Dawson County. ElectioN Contest. Judgment was rendered by Milburn, J., declaring the election void as to both parties. Statement of the case by the justice delivering the opinion. The plaintiff, Gillespie, seeks to contest the election of Henry Dion, the defendant and contestee, to the office of county treasurer for Dawson county. On November 21, 1894, the plaintiff commenced this proceeding, by filing the following paper with the county clerk of Dawson county : “State of Montana, County of Dawson — ss. : To James McCormick, County Clerk of Dawson…
1Opinion of the CourtHunt, J.
This proceeding is special in its character, author*191ized by Section 1043, Fifth Division, Compiled Statutes of Montana. The statute, ungrammatical as it is, is as follows:
“All contests of county and township officers shall be tried in the proper county, and when an elector shall wish to contest such an election he shall file with the clerk of the board of county commissioners, within ten days after such person shall have been declared elected, a statement in writing, specifying the grounds of contest, verified by affidavit, and such clerk shall issue to the contestant a notice to appear at the…
2Cases cited12 opinions
- Wright v. FawcettTexas Supreme Court · 1874
- Carroll v. Centralia Water Co.Washington Supreme Court · 1893
- Whitney v. BlackburnOregon Supreme Court · 1889
- Dorsey v. Barry.California Supreme Court · 1864
- Rutledge v. CrawfordCalifornia Supreme Court · 1891
7 more not listed; retrieve them via the Exa API.
3Cited by15 opinions
- State ex rel. Brooks v. FranshamMontana Supreme Court · 1897
- Pearson v. AlversonSupreme Court of Alabama · 1909
- Harmon v. TylerTennessee Supreme Court · 1903
- Hanson v. Village of AdrianSupreme Court of Minnesota · 1914
- Kitt v. HolbertArizona Supreme Court · 1926
10 more not listed; retrieve them via the Exa API.