Hall v. Ashby
Montana Supreme Court
Appeal from Third District, Lewis a/nd Cla/rke County. The judgment was rendered by Wade, J. Can a probate judge create an alley, except in the manner provided by the statute ? Cod. Sts. 548, § 4; Par sel v. Barnes, 25 Ark. 261; Gulick v. Grover, 33 N. J. L. (4 Yr.) 463; Green v. Beeson, 31 Ind. 7. Duties to be performed for a municipality by law must be strictly followed. If exceeded, they are not binding on the principal, and are void.
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Appeal from Third District, Lewis a/nd Cla/rke County. The judgment was rendered by Wade, J. Can a probate judge create an alley, except in the manner provided by the statute ? Cod. Sts. 548, § 4; Par sel v. Barnes, 25 Ark. 261; Gulick v. Grover, 33 N. J. L. (4 Yr.) 463; Green v. Beeson, 31 Ind. 7. Duties to be performed for a municipality by law must be strictly followed. If exceeded, they are not binding on the principal, and are void. Dill, on Corp., §§ 372, 749. The equities, which obtain as to private agents, do not exist as to the officers of municipal coiporations. Greenl. on Ultra…
1Opinion of the CourtBlake, J.
This is an action to compel the appellant to remove a fence from an alley or cul de sae within the town site of Helena, Lewis and Clarke county, and enjoin him from obstructing the premises. The court tried the cause without a jury and filed findings of facts upon some of the issues and granted the respondents the relief prayed for.
Under the acts of congress relating to the reservation and sale of town sites on the public lands, certain officers are empowered to enter at the land office a tract which has been settled.upon *491and occupied as a town site, and is not subject to entry under the…
2Cases cited4 opinions
- Mayor v. RaySupreme Court of the United States · 1874
- Treadway v. WilderNevada Supreme Court · 1873
- Alemany v. City of PetalumaCalifornia Supreme Court · 1869
- Baugan v. MannIllinois Supreme Court · 1871
3Cited by7 opinions
- Boise City v. WilkinsonIdaho Supreme Court · 1909
- City of Helena v. AlbertoseMontana Supreme Court · 1889
- City of Pueblo v. BuddSupreme Court of Colorado · 1894
- Biddick v. KoblerCalifornia Supreme Court · 1895
- Parchen v. AshbyMontana Supreme Court · 1883
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