Legal Opinion

State ex rel. Klick v. Wittmer

Montana Supreme Court

Decided November 27, 1914No. 3,419PublishedCited by 10 opinions

Appeal from District Court, Cascade County; H. S. Ewing, Judge. Action by the State, on the relation of Theodore Klick, against J. G. Wittmer. From a judgment for defendant rendered after sustaining a general demurrer to the complaint, the relator appeals.

1Opinion of the CourtJustice Sanner

delivered tbe opinion of the court.

Appeal from a judgment after an order sustaining a general demurrer to the complaint. The facts recited are: That the city of Great Falls possesses five wards, and its common council consists of ten aldermen, two from each ward; that on June 30, 1913, J. G. Wittmer was, and since April 13, 1913, had been, one of the duly elected, qualified and acting aldermen from the fifth ward of said city; that on June 30 he was appointed by the mayor to the office of “city purchasing agent,” which office had been created by ordinance approved May 26, 1913; that his…

2Cases cited17 opinions

  1. State v. BrinkerhoffTexas Supreme Court · 1886
  2. State Ex Rel. Barnhill v. ThompsonSupreme Court of North Carolina · 1898
  3. Attorney General ex rel. Moreland v. Common CouncilMichigan Supreme Court · 1897
  4. Biencourt v. ParkerTexas Supreme Court · 1864
  5. State ex rel. Chenoweth v. ActonMontana Supreme Court · 1904

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3Cited by10 opinions

  1. People Ex Rel. Bagshaw v. ThompsonCalifornia Court of Appeal · 1942
  2. People Ex Rel. Goodell v. GarrettCalifornia Court of Appeal · 1925
  3. State Ex Rel. Peterson v. HoppeSupreme Court of Minnesota · 1935
  4. Mulholland v. AyersMontana Supreme Court · 1940
  5. Mid-Continent Building Co. v. Board of EqualizationSupreme Court of Oklahoma · 1939

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