State ex rel. Dwyer v. Duncan
Montana Supreme Court
Appeal from District Court, Silver Bow County; Jno. B. McClernan, Judge. Mandamus by the state, on the relation of Michael J. Dwyer against Lewis J. Duncan, as mayor of the city of Butte. Judgment for plaintiff and defendant appeals. submitted a brief, as well as one in support of his objection to Respondent’s motion to dismiss the appeal; Mr. Botering argued the cause orally. submitted a brief and argued the cause orally.
1Opinion of the CourtJustice Holloway
delivered the opinion of the court..
This proceeding in mandamus was instituted by Michael J. Dwyer to compel the mayor of Butte to restore him to the office of lieutenant of police in the police department of the city of Butte. From a judgment awarding the peremptory writ, this appeal is prosecuted. To avoid confusion of terms, the relator in the lower court will be designated plaintiff, and the-mayor defendant.
1. A motion to dismiss the appeal has been interposed upon [1] the ground that an undertaking on appeal was not furnished. Section 7196, Revised Codes, provides that an undertaking on…
2Cited by5 opinions
- Shira v. State ex rel. HamIndiana Supreme Court · 1918
- Sweeney v. City of ButteMontana Supreme Court · 1922
- State ex rel. Lease v. WilkinsonMontana Supreme Court · 1918
- State ex rel. Breen v. StoddenMontana Supreme Court · 1920
- State ex rel. Dwyer v. Mayor of ButteMontana Supreme Court · 1923