O'Brien v. Drinkenberg
Montana Supreme Court
Appeal from District Court, Ravalli County; Henry L. Myers, Judge. Action by W. P. 0 ’Brien against F. H. Drinkenberg, as mayor, and others, as aldermen, of the town of Hamilton. From a judgment for plaintiff and from an order denying them a new trial, defendants appeal. In the absence of affirmative proof to the contrary, it will be presumed that the meetings and adjournments of the council are regular.
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Appeal from District Court, Ravalli County; Henry L. Myers, Judge. Action by W. P. 0 ’Brien against F. H. Drinkenberg, as mayor, and others, as aldermen, of the town of Hamilton. From a judgment for plaintiff and from an order denying them a new trial, defendants appeal. In the absence of affirmative proof to the contrary, it will be presumed that the meetings and adjournments of the council are regular. (Duniway v. City of Portland, 47 Or. 103, 81 Pae. 945; Beck et al. v. Holland et al., 29 Mont. 234, 74 Pae. 410; 28 Cye. 328.) Neither section 3253, Revised Codes of 1907, which prescribe the…
1Opinion of the CourtJustice Holloway
This is a suit by a resident taxpayer of the town of Hamilton to secure an injunction restraining the mayor and town council from paying out of the town treasury certain funds for work done in repairing sidewalks. Plaintiff recovered judgment, and defendants appealed from the judgment and from an order denying them a new trial.
The amended complaint alleges that the town council, at a special meeting which was held on September 20, 1909, without authority, made an order condemning the board sidewalks within certain designated boundaries (the fire limits), and directing the owners of abutting…
2Cases cited7 opinions
- Dement v. RokkerIllinois Supreme Court · 1888
- Harris v. LloydMontana Supreme Court · 1891
- State ex rel. Lambert v. CoadMontana Supreme Court · 1899
- Jones v. City of ChicagoIllinois Supreme Court · 1904
- Dutro v. KennedyMontana Supreme Court · 1889
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3Cited by8 opinions
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- Dimich v. Northern Pacific Railway CompanyMontana Supreme Court · 1959
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