In re O'Brien
Montana Supreme Court
Application by W. P. O’Brien for a writ of habeas corpus. Counties are not municipal corporations, but at most quasi municipal corporations. (Constitution, Art. XVI, Sec. 1; Political Code, Secs. 4190, 4193; People v. Sacramento, 45 Cal. 692; People v. McFadden, 81 Cal. 491; Kahn v. Sutro, 114 Cal. 316; Storm v. School, 36 Am. St. B,ep>. 459, and note; LaTce v. Lacy, 51 Am.
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Application by W. P. O’Brien for a writ of habeas corpus. Counties are not municipal corporations, but at most quasi municipal corporations. (Constitution, Art. XVI, Sec. 1; Political Code, Secs. 4190, 4193; People v. Sacramento, 45 Cal. 692; People v. McFadden, 81 Cal. 491; Kahn v. Sutro, 114 Cal. 316; Storm v. School, 36 Am. St. B,ep>. 459, and note; LaTce v. Lacy, 51 Am. Pep. 119, and note; 13 Century Digest, page 1167, Sec. 1; In re Wilshire, 103 Ned. 622; Political Code, Sec. 4800, Snb-Secs. 1, 3 and 16.) • Ordinances passed under tbe police power granted municipalities have tbe force…
1Opinion of the CourtJustice Holloway
On the 1st day of December, 1903, an election was held in Ravalli county, Montana, pusuant to the provisions of Chapter X, Title VII, Part III, Secs: 3180-3188, of the Political Code, at which election a majority of all the votes cast were for “Sale of Intoxicating Liquors: No,” and thereafter the returns of the election were duly canvassed, and the result published, as required by law. The provisions of said chapter thereupon became operative in that county on the 7th day of January, 1904.
Within the confines of Ravalli county is the town of Hamilton, incorporated under the general…
2Cases cited41 opinions
- Beer Co. v. MassachusettsSupreme Court of the United States · 1878
- Fell v. StateCourt of Appeals of Maryland · 1875
- Grandy v. CaseySupreme Court of Missouri · 1887
- State v. Camp SingMontana Supreme Court · 1896
- State v. McKinneyMontana Supreme Court · 1904
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3Cited by31 opinions
- State ex rel. Bonner v. DixonMontana Supreme Court · 1921
- Great Northern Utilities Co. v. Public Service CommissionMontana Supreme Court · 1930
- Evers v. HudsonMontana Supreme Court · 1907
- Spratt v. Helena Power Transmission Co.Montana Supreme Court · 1908
- Martien v. PorterMontana Supreme Court · 1923
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