Opinion

State ex rel. Chenoweth v. Acton

  • 31 Mont. 37
  • 77 P. 299
  • 1904 Mont. LEXIS 122
Court
Montana Supreme Court
Filed
Jun 27, 1904
Status
Published
Author
Milburn
On the bench
Callaway, Having, Holloway, Milburn, Takes
Cited by
21 cases

"The Constitution has spoken, and it has prescribed the qualifications required of a county superintendent. The legislature may not supplement the constitutional pronouncement upon this subject."

How later courts described this case

  • "The Constitution has spoken, and it has prescribed the qualifications required of a county superintendent. The legislature may not supplement the constitutional pronouncement upon this subject."

Written by the judges who cited it.

The opinion

Mr. Justice Milburn :

I concur. If it were not for the fact that the defendant interposed a counterclaim demanding ouster of the plaintiff, and if the court had not adjudicated the defendant’s claim to the office upon her said counterclaim, I would not concur, but would hold that the action should have been dismissed for the reason that the record, outside of the complaint of plaintiff, clearly shows that plaintiff never was interfered with by the defendant in the performance of her (the plaintiff’s) duties as superintendent of schools. She swears in her testimony, ££I was not interfered with by Miss Acton in the conduct of my office at all.” Her cause of action, if she have any, is as it appears from the evidence, against the commission *45 ers and the treasurer, who, it is alleged, refused to recognize the plaintiff or pay her.

Mr. Justice Holloway, not having heard the argument, takes no part in this decision.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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