State ex rel. Bailey v. Edwards
Montana Supreme Court
Appeal from District Court, Lewis a/nd Clark County; Frank Henry, Judge of the Sixth Judicial District, presiding. Application for mandamus by tbe state, on the relation of Leonard Bailey, against Frank J. Edwards, as mayor of the ■city of Helena, Montana, and others. From a judgment awarding the writ, and from an order denying a motion for a new trial, defendants appeal. The office of a police captain is created solely by ordinance.
Read the full summary
Appeal from District Court, Lewis a/nd Clark County; Frank Henry, Judge of the Sixth Judicial District, presiding. Application for mandamus by tbe state, on the relation of Leonard Bailey, against Frank J. Edwards, as mayor of the ■city of Helena, Montana, and others. From a judgment awarding the writ, and from an order denying a motion for a new trial, defendants appeal. The office of a police captain is created solely by ordinance. It is one, the appointment to which must be by and with the consent of the council; and as such falls squarely within the first portion of section 3220, Revised…
1Opinion of the CourtChief Justice Brantly
Appeals from a judgment awarding the relator a peremptory writ of mandamus, and from an order denying defendant’s motion for a new trial.
At the time of the passage and approval of the Act of the legislative assembly called the “Police Commission Bill” (Chapter 136, Sessions Laws of 1907 [Revised Codes, secs. 3304-3317]), the relator was a member of the police force of the city of Helena. When the police department of the city was reorganized and constituted under the Revised Ordinances of the city in pursuance of the statute, he applied to the examining and trial board of the police…
2Cases cited2 opinions
- State ex rel. Quintin v. EdwardsMontana Supreme Court · 1910
- State ex rel. Beach v. District CourtMontana Supreme Court · 1903
3Cited by13 opinions
- State Ex Rel. Mueller v. District CourtMontana Supreme Court · 1930
- State Ex Rel. Phillips v. FordMontana Supreme Court · 1944
- State ex rel. Wynne v. QuinnMontana Supreme Court · 1910
- Reising v. City of PortlandOregon Supreme Court · 1910
- State Ex Rel. Brink v. McCrackenMontana Supreme Court · 1931
8 more not listed; retrieve them via the Exa API.