State ex rel. Lease v. Wilkinson
Montana Supreme Court
Appeal from District Court, Missoula County; Theodore Lentz, Judge. Application by the State of Montana, on relation of Harley H. Lease, for a writ of mandamus, against H. T. Wilkinson, Mayor of the City of Missoula, and others. Judgment of dismissal, and relator appeals. That court erred in overruling demurrer, and motion to strike is hardly open to controversy in view of following authorities and others cited.
Read the full summary
Appeal from District Court, Missoula County; Theodore Lentz, Judge. Application by the State of Montana, on relation of Harley H. Lease, for a writ of mandamus, against H. T. Wilkinson, Mayor of the City of Missoula, and others. Judgment of dismissal, and relator appeals. That court erred in overruling demurrer, and motion to strike is hardly open to controversy in view of following authorities and others cited. In cities governed under the commission form law, the couneil is the only tribunal or authority with power to hear and determine complaints or charges having for their purpose the…
1Opinion of the CourtJustice Holloway
This proceeding was instituted to compel the city council of Missoula to reinstate relator in his office as policeman. In the application for the writ it is alleged that Missoula is a city of the first class under the commission form of government; that relator was a duly appointed, qualified and acting policeman in the service of the city from October, 1910, until March 8, 1918, when he was discharged wdthout an accusation having been preferred against him, without notice, and without a hearing or trial. A demurrer and motion to quash were sustained and the proceeding dismissed, but upon…
2Cases cited2 opinions
- Plymouth Gold Mining Co. v. United States Fidelity & Guaranty Co.Montana Supreme Court · 1907
- State ex rel. Lease v. WilkinsonMontana Supreme Court · 1918
3Cited by4 opinions
- Gilna v. BarkerMontana Supreme Court · 1927
- State ex rel. Daly v. DryburghMontana Supreme Court · 1921
- Steer v. City of MissoulaMontana Supreme Court · 1976
- Steer v. City of MissoulaMontana Supreme Court · 1976