State ex rel. Williams v. Mayhew
Montana Supreme Court
Appeal from District Court, Ravalli County, F. H. Woody, Judge. Quo warranto by the state, on the relation of John T. Williams and others, against John W. May hew and others. From judgment for relators, defendants appeal. Statement of the case by the justice delivering the opinion. This is a quo warranto proceeding.
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Appeal from District Court, Ravalli County, F. H. Woody, Judge. Quo warranto by the state, on the relation of John T. Williams and others, against John W. May hew and others. From judgment for relators, defendants appeal. Statement of the case by the justice delivering the opinion. This is a quo warranto proceeding. Both parties to the controversy claim to be the rightful commissioners of the county of Eavalli, and this proceeding was instituted to determine as to which of the parties were entitled under the la\v to exercise the duties of the office of commissioners in that county. From the…
1Opinion of the CourtPemberton, C. J.
The material question involved in this appeal, and the one that has given us the most serious trouble and concern, is as to the power of the legislative assembly to fill the offices provisionally in a county created by that body, by naming the respective officers in the act itself. The district court did not pass upon this question, saying it was unnecessary, in its view of other legal questions involved. But the question is presented in both briefs, and we think it the pivotal one presented for determination.
The district court held, substantially, that all commissioners are required by the…
2Cases cited6 opinions
- People ex rel. Le Roy v. HurlbutMichigan Supreme Court · 1871
- State ex rel. Clarke v. IrwinNevada Supreme Court · 1869
- People ex rel. Waterman v. FreemanCalifornia Supreme Court · 1889
- State ex rel. Rosenstock v. SwiftNevada Supreme Court · 1876
- Attorney General ex rel. Longyear v. WeimerMichigan Supreme Court · 1886
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3Cited by6 opinions
- Farquharson v. YearginWashington Supreme Court · 1901
- Ward v. SweeneyWisconsin Supreme Court · 1900
- State Ex Rel. Foot v. RoggeMontana Supreme Court · 1927
- State ex rel. Geiger v. LongMontana Supreme Court · 1911
- State ex rel. Livesay v. SmithMontana Supreme Court · 1907
1 more not listed; retrieve them via the Exa API.