State ex rel. Quintin v. Edwards
Montana Supreme Court
Appeal from District Court, Lewis and Clark County; Frank Henry, Judge of the Fifth Judicial District, presiding. Application for mandamus by the state, on the relation of Moses Quintín, against Frank J. Edwards, as mayor of tbe city of Helena, Montana. From a judgment awarding the writ and .an order denying a motion for new trial, defendant appeals.
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Appeal from District Court, Lewis and Clark County; Frank Henry, Judge of the Fifth Judicial District, presiding. Application for mandamus by the state, on the relation of Moses Quintín, against Frank J. Edwards, as mayor of tbe city of Helena, Montana. From a judgment awarding the writ and .an order denying a motion for new trial, defendant appeals. In every jurisdiction where metropolitan police bills have been ■enacted it has been uniformly held that “The office of a member ■of the police force may be abolished by the municipality” ■(Oldham v. Birmingham, 102 Ala. 357, 14 South. 793;…
1Opinion of the CourtChief Justice Brantlt
Application for a peremptory writ of mandamus to the defendant, as mayor of the city of Helena, to compel him to restore the relator to his office as policeman or patrolman upon the police force of the city, from which it is alleged he was unlawfully removed by the defendant. Upon an appeal from a judgment entered upon demurrer to the application and upon motion to quash the alternative writ, it was held that facts sufficient were stated to make a prima facie case requiring the defendant to answer. (38 Mont. 250, 99 Pae. 940.) The defendant then filed his answer denying all of relator’s…
2Cases cited30 opinions
- Yick Wo v. HopkinsSupreme Court of the United States · 1886
- Soon Hing v. CrowleySupreme Court of the United States · 1885
- People ex rel. Akin v. KipleyIllinois Supreme Court · 1897
- People Ex Rel. Corrigan v. . the Mayor, Etc.New York Court of Appeals · 1896
- People ex rel. Akin v. LoefflerIllinois Supreme Court · 1898
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3Cited by50 opinions
- Shira v. State ex rel. HamIndiana Supreme Court · 1918
- State ex rel. City of Billings v. Billings Gas Co.Montana Supreme Court · 1918
- State Ex Rel. Anderson v. FousekMontana Supreme Court · 1932
- Milligan v. City of Miles CityMontana Supreme Court · 1915
- Milwaukee Land Co. v. RuesinkMontana Supreme Court · 1915
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