People ex rel. Robertson v. Van Gaskin
Montana Supreme Court
Appeal from First District, Custer County. This cause was decided in the court below in favor of defendants on their demurrer to plaintiff’s complaint. The action was brought under chapter V of title 9 of the Revised Statutes of Montana territory, to determine the right of plaintiff, relator, and others to the office of county commissioners of Custer county, and to- oust the defendants, who had intruded themselves into the office.
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Appeal from First District, Custer County. This cause was decided in the court below in favor of defendants on their demurrer to plaintiff’s complaint. The action was brought under chapter V of title 9 of the Revised Statutes of Montana territory, to determine the right of plaintiff, relator, and others to the office of county commissioners of Custer county, and to- oust the defendants, who had intruded themselves into the office. Sections 398 and 399 of our statutes provide how the action may be brought, by whom and for what purpose. Every requisite of the statute was fully complied with.…
1Opinion of the CourtGalbbaith, J.
This is an appeal from a judgment for the defendants rendered in pursuance of an order sustaining a demurrer to the complaint.
The complaint was in substance as follows, viz.: “ The *362district attorney of the first judicial district, in which is situate the county of Ouster, has been applied to, to bring this action, and that he has refused, so to do upon the complaint of the appellant, who therefore brings this action upon his own relation. That the respondents have intruded into the office of county commissioners of said county, and now unlawfully hold and exercise the said offices. That on…
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- The People v. . Simeon DraperNew York Court of Appeals · 1857
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- Donahue v. County of WillIllinois Supreme Court · 1881
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3Cited by10 opinions
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