State ex rel. Griffiths v. Mayor of Butte
Montana Supreme Court
Appeal from District Court, Silver Bow County; J. J. Lynch, Judge, Certiorari by the State, on the relation of Morgan Griffiths, against the Mayor of the City of Bntte and others, to set aside an order of the council removing relator from the office of Chief of the Fire Department. From a judgment affirming the order of the council, relator appeals.
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Appeal from District Court, Silver Bow County; J. J. Lynch, Judge, Certiorari by the State, on the relation of Morgan Griffiths, against the Mayor of the City of Bntte and others, to set aside an order of the council removing relator from the office of Chief of the Fire Department. From a judgment affirming the order of the council, relator appeals. We submit that this court has the right to review the evidence and ascertain if there is any substantial evidence to legally warrant the decision below. (Gilbert v. Board of Police, etc., 11 Utah, 378, 40 Pac. 264; 6 Cyc. 827.) When the decision…
1Opinion of the CourtJustice Matthews
On September 10, 1915, written and verified charges were presented to the city council of Butte against relator, as chief of the fire department, an answer was filed and a hearing had •at the next regular meeting of the council, and by a majority vote of all of the members an order was made and entered removing him from his official position. Relator thereupon sued out, in the district court of Silver Bow county, a writ of review, to which return was duly made, and a transcript of the testimony taken before the council was permitted to be filed with the court. On the hearing the court entered…
2Cases cited9 opinions
- The People Ex Rel. the Mayor v. . NicholsNew York Court of Appeals · 1880
- State ex rel. Hart v. Common CouncilSupreme Court of Minnesota · 1893
- Matter of CarterCalifornia Supreme Court · 1903
- State ex rel. King v. Second Judicial District CourtMontana Supreme Court · 1900
- State ex rel. Wynne v. Examining & Trial BoardMontana Supreme Court · 1911
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3Cited by12 opinions
- State Ex Rel. Murphy v. District CourtMontana Supreme Court · 1935
- State ex rel. Examining & Trial Board v. JacksonMontana Supreme Court · 1920
- State Ex Rel. Johnston v. District CourtMontana Supreme Court · 1933
- State Ex Rel. Burns v. District CourtMontana Supreme Court · 1928
- State Ex Rel. Tague v. District CourtMontana Supreme Court · 1935
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