State ex rel. Neill v. Page
Montana Supreme Court
Original quo warranto proceeding by the state, on the relation of Henry Neill, against James M. Page, to try the title to the office of state land agent, claimed by both relator and defendant. Statement of the case by the justice delivering the opinion.
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Original quo warranto proceeding by the state, on the relation of Henry Neill, against James M. Page, to try the title to the office of state land agent, claimed by both relator and defendant. Statement of the case by the justice delivering the opinion. Quo warranto to try the title to the office of state land The defendant, Page, on July 31, 1895, was appointed State Land Agent by the Governor of Montana, and on the same-day was confirmed by the State Board of Land Commissioners; and, although no commission was ever issued to him by the-said board or by the Governor, he duly qualified and…
1Opinion of the CourtHunt, J.
The office of State Land Agent not having been created, and the mode of appointment of the incumbent to such office not being controlled by the constitution of the state, we must look to the statutes to determine the principal question raised by this proceeding.
The sections of the Political Code which "must be considered are as follows :
*242Section 341 : ‘ ‘The State Land Agent is appointed by the Governor, with the consent of the State Board of Land Commissioners, and holds his office during the pleasure of the board. ’ ’
Section 470 : ‘ ‘The governor, with the consent of the State Board of Land…
2Cases cited1 opinion
- Olmsted v. . DennisNew York Court of Appeals · 1879
3Cited by7 opinions
- State ex rel. Rowe v. KehoeMontana Supreme Court · 1914
- Meeker v. ReedCalifornia Court of Appeal · 1924
- State Ex Rel. O'Hara v. ApplingOregon Supreme Court · 1959
- Settlers' Irrigation District v. Settlers' Canal Co.Idaho Supreme Court · 1908
- Cragin v. FrohmillerArizona Supreme Court · 1934
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