State ex rel. Laughlin v. Bailey

• Decision Date: 22 October 1896
• Citation: 46 P. 1116,18 Mont. 554
• Parties: STATE ex rel. LAUGHLIN, Petitioner, v. BAILEY, County Clerk, Respondent.
• Court: Montana Supreme Court

46 P. 1116

18 Mont. 554

STATE ex rel. LAUGHLIN, Petitioner, v. BAILEY, County Clerk, Respondent.

Supreme Court of Montana

October 22, 1896

Petition by H. M. Laughlin for an injunction to restrain D. J. Bailey county clerk of Missoula county, from printing on the official ballot for that county the nominees of the Citizens' Silver party. Temporary writ of injunction made permanent.

T. J Walsh, for petitioner.

M. S Gunn, for respondent.

PER CURIAM.

The petition shows that the petitioner is the regular nominee of the Democratic party of Missoula county for the office of sheriff, to be voted for at the general election to be held on the 3d day of November of this year. The petitioner brings this suit for himself and the other nominees of the Democratic party for the several county offices to be filled in said county at said election. The parties in interest are all electors in said county. The petition alleges that on the 23d day of last September a regular county convention of the Republican party was held in Missoula county for the purpose of nominating a county ticket of said party, to be voted for at the general election in November next; that said convention was properly and legally called, and was in all respects regular; that said convention nominated candidates for the various county offices; and that a certificate of the nomination of such candidates of said party was duly filed with the county clerk of said county by the proper officers of said convention. It is alleged that said convention, after completing its business, adjourned sine die. After the adjournment of said convention, it is alleged, a portion of the delegates to such convention, including the presiding officer and secretary thereof, assembled as a convention of the Silver Republican party, and said delegates assembled as the convention of the Silver Republican party proceeded to nominate the same candidates that had been nominated for county offices by the Republican convention, which had just adjourned sine die as aforesaid, and thereafter the officers of said pretended convention of the Silver Republican party filed with the county clerk a certificate of the nomination of the candidates of said Silver Republican convention. The nominees of the Republican convention and of the Silver Republican convention are identically the same persons. This proceeding is instituted to enjoin the county clerk of Missoula county from...