Sharkey v. City of Butte
Montana Supreme Court
Appeal from, District Court, Silver Boiu County;- John B. McClernan, Judge. Suit by John Sharkey against the City of Butte. Judgment for plaintiff; motion for new trial denied, and the defendant appeals. The proceeding amounts to a collateral attack. A collateral attack upon the city council’s proceedings, like the one • now before the court, cannot be maintained.
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Appeal from, District Court, Silver Boiu County;- John B. McClernan, Judge. Suit by John Sharkey against the City of Butte. Judgment for plaintiff; motion for new trial denied, and the defendant appeals. The proceeding amounts to a collateral attack. A collateral attack upon the city council’s proceedings, like the one • now before the court, cannot be maintained. Injunction might, perhaps, have been the remedy had the proceedings not ¿been consummated, but at the moment the proceedings were consummated, not injunction, but quo. warranto, was the remedy. “The validity of the act of a town…
1Opinion of the CourtJustice Holloway
In 1913 the city of Butte undertook to extend its boundaries so as to include a portion of the southeast quarter, section 11, and the west half of southwest quarter, section 12, township 3 north, range 8 west. One-half of this area was platted into lots and blocks, while the remaining portion was unplatted. At the instance of a resident freeholder of the district, the trial court held the city’s proceedings void and enjoined the exercise of any municipal authority over the proposed addition, and the city appealed. Two questions only are presented: (1) May a city of this state extend its…
2Cases cited8 opinions
- State ex rel. Quintin v. EdwardsMontana Supreme Court · 1910
- Davenport v. KleinschmidtMontana Supreme Court · 1887
- Forsythe v. City of HammondIndiana Supreme Court · 1895
- City of Helena v. KentMontana Supreme Court · 1905
- Helena Light & Railway Co. v. City of HelenaMontana Supreme Court · 1913
3 more not listed; retrieve them via the Exa API.
3Cited by26 opinions
- Quigley v. McIntoshMontana Supreme Court · 1939
- State Ex Rel. Great Falls Housing Authority v. City of Great FallsMontana Supreme Court · 1940
- Boise City v. Better Homes, Inc.Idaho Supreme Court · 1952
- Scilley v. Red Lodge-Rosebud Irrigation DistrictMontana Supreme Court · 1928
- FRANKLIN TP. IN SOMERSET COUNTY, NJ v. TugwellCourt of Appeals for the D.C. Circuit · 1936
21 more not listed; retrieve them via the Exa API.