# Keller v. Smith

> Montana Supreme Court · August 30, 1976 · 170 Mont. 399

URL: https://www.frixlaw.com/law-library/cases/9506953

## Case

- **Full name:** ROBERT S. KELLER, Plaintiff and Petitioner, v. ETHYL SMITH, in Her Capacity as Clerk and Recorder of Flathead County, Montana, Defendant and Respondent
- **Court:** Montana Supreme Court
- **Decided:** August 30, 1976
- **Citations:** 170 Mont. 399; 553 P.2d 1002; 1976 Mont. LEXIS 616
- **Precedential status:** Published
- **Opinion:** Concurrence by Castles
- **Judges:** Haswell, Castles, Daly, Harrison, Dussault
- **Cited by:** 38 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9506953

## Opinion text

MR. JUSTICE CASTLES
(concurring).
I concur with the majority except that I do not view the Legislative determination of constitutional intent as being persuasive. Other than to indulge in the presumption of constitutionality of legislation, I do not give great weight to that principle.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9506953. Public record. Not legal advice.