Legal Opinion

State ex rel. Working v. Mayor

Montana Supreme Court

Decided March 15, 1911No. 2,951PublishedCited by 8 opinions

Appeal from District Court, Lewis and Clark County; J. Miller Smith, Judge. Application for writ of prohibition by the state, on the relation of Lincoln Working, police judge, against the mayor and city council of the city of Helena. From a judgment against relator, he appeals.

1Opinion of the CourtJustice Smith

The relator filed his affidavit in the district court of Lewis and Clark county, setting forth: That he is the police judge of the city of Helena; that on the tenth day of December, 1910, the city council “passed an order or resolution,” as follows:

“Office of City Clerk, City of Helena.
“Helena, Montana, October 11, 1910.
“Mr. Lincoln Working, Police Judge, City Hall Building, City.
“Dear Sir: By order of the city council, I was instructed to notify you that the city council has requested your resignation as Police Judge of the city of Helena, next Monday night to be considered at an executive…

2Cases cited3 opinions

  1. Sherlock v. MayorSupreme Court of Florida · 1879
  2. Haldeman v. DavisWest Virginia Supreme Court · 1886
  3. Bailey v. Examining & Trial Board of Police DepartmentMontana Supreme Court · 1910

3Cited by8 opinions

  1. In re StolenWisconsin Supreme Court · 1927
  2. State ex rel. Shea v. CockingMontana Supreme Court · 1923
  3. Nelson v. BakerOregon Supreme Court · 1924
  4. State Ex Rel. Foss v. District Court of the Fourth Judicial DistrictMontana Supreme Court · 1985
  5. State Ex Rel. Ryan v. NorbyMontana Supreme Court · 1946

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