State ex rel. Wilson v. Willis
Montana Supreme Court
Appeal from District Court, Silver Bow County; John B. McClernan, Judge. Proceedings in mandate by the state, on the relation of John D. Wilson, to compel W. A. Willis, as clerk of the city of Bntte, and others, to perform certain duties. Eelator had judgment, and respondents appeal.
1Opinion of the CourtJustice Sanner
The city of Butte is composed of eight wards and its full complement of aldermen is sixteen. On April 16, 1913, John C. Smith, one of the aldermen for the third ward, resigned, and on April 23 a meeting of the city council was held for the purpose of filling the vacancy thus created. At this meeting one W. E. Eowan received the votes of eight aldermen and one James Walsh received the votes of six; whereupon the mayor declared that no election had resulted, for the reason that the votes of nine aldermen were necessary. On May 1 *550Rowan tendered his oath of office to the city clerk for filing and…
2Cases cited6 opinions
- Pimental v. City of San FranciscoCalifornia Supreme Court · 1863
- Commissioners v. . Trust Co.Supreme Court of North Carolina · 1906
- Nalle v. City of AustinCourt of Appeals of Texas · 1906
- Pollasky v. SchmidMichigan Supreme Court · 1901
- Wood v. GordonWest Virginia Supreme Court · 1905
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3Cited by10 opinions
- City of Nevada v. SlemmonsSupreme Court of Iowa · 1953
- City of Alamo Heights v. GeretyCourt of Appeals of Texas · 1954
- State Ex Rel. Peterson v. HoppeSupreme Court of Minnesota · 1935
- Hawaii Electric Light Co. v. Department of Land & Natural ResourcesHawaii Supreme Court · 2003
- State ex rel. Klick v. WittmerMontana Supreme Court · 1914
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