State Ex Rel. O'Hern v. Loud

This is a quo warranto proceeding to try title to the office of city attorney of Miles City. At the regular city election held in April of this year a mayor and four aldermen were elected. At the first regular meeting of the council, the newly elected mayor and all aldermen being present, the mayor nominated C. H. Loud, a former district judge, for the position of city attorney, and upon roll-call the vote was four for confirmation and four against. The mayor, believing he had the right to break the tie, voted in favor of his nominee. The members of the council voting against Judge Loud’s…