¶1(concurring). — I concur in the conclusion and the reasoning of the learned opinion of Justice De Witt. But 1 regard the decision of the court as a reversal, rather than a modification, of the case of Price v. Lush, and, so regarding it, I willingly concur. I have never believed that the doctrine in the case of Price v. Lush could be sustained. In my judgment, it is contrary to the intent of the law itself, as well as the spirit of our government, and to the letter of the constitution of the state, providing that ‘ £in all elections held by the people under this constitution, the person or persons who shall receive the highest number of legal - votes, shall be declared elected. (Article IX., § 13.) Whatever may be the proper construction to be put upon the provisions of the Australian bal*63lot law, where the regularity of the nominating certificate is questioned before election, I think that after the election is over, and no question of fraud or illegality of the returns, or other questions of that nature, are raised, the constitution is mandatory, and that the person who receives the highest number of votes must be declared to be elected.
16 Mont. 40
Stackpole v. Hallahan
Decided April 15, 1895
Montana Supreme Court · decided 1895-04-15
Election Contest. Judgment was rendered by Brantley, J., declaring the election void. Statement of the case by the justice delivering the opinion. This is an election contest, a statutory proceeding brought by E. S. Stackpole, asking that it be determined that he, and not D. F. Hallahan, was elected treasurer of Deer Lodge county, at the general election in November, 189é. It was determined by the district court that neither Stackpole or Hallahan was elected.
Good law ✅— No negative treatment on recordhow we know
Reversed · Decided 1895-04-15
How this case has been cited
Cited by 40 later decisions — most recently November 1995 · most notably Jones v. State (1899), Murray v. Heinze (1895)
40 state decisions — followed in 16 states
Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.
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