State ex rel. Wynne v. Examining & Trial Board
Montana Supreme Court
'Appeal from District Court, Silver Bow County; John B. McClernan, Judge. certiorari by the state on the relation of E. "W. "Wynne to review the action of the examining and trial board of the police department of the city of Butte in finding him guilty of misconduct in office, and of the mayor of said city in discharging him permanently from his office of chief of police. From a judgment ordering dismissal of the proceedings, relator appeals. Certiorari is the proper remedy.
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'Appeal from District Court, Silver Bow County; John B. McClernan, Judge. certiorari by the state on the relation of E. "W. "Wynne to review the action of the examining and trial board of the police department of the city of Butte in finding him guilty of misconduct in office, and of the mayor of said city in discharging him permanently from his office of chief of police. From a judgment ordering dismissal of the proceedings, relator appeals. Certiorari is the proper remedy. “Where the power of a municipal body to remove from office is not discretionary, but only for cause, after notice and…
1Opinion of the CourtJustice Smith
On July 12, 1910, the above-named relator was chief of police o'f the city of Butte.. On that day written charges were filed against him by the mayor, with the examining and trial board of the police department; a hearing was subsequently had and the board found him guilty of misconduct in office. The mayor thereupon discharged him permanently from the police department and from his office of chief of police. He subsequently sued out of the district court of Silver Bow county a writ of review, praying that the actions of the board and of the mayor be set aside and held for naught, whereupon…
2Cases cited4 opinions
- People v. O'BrienCalifornia Supreme Court · 1892
- State ex rel. Quintin v. EdwardsMontana Supreme Court · 1908
- Leggatt v. PrideauxMontana Supreme Court · 1895
- Bailey v. Examining & Trial Board of Police DepartmentMontana Supreme Court · 1910
3Cited by15 opinions
- Gallagher v. StateCourt of Criminal Appeals of Texas · 1985
- State ex rel. Rowe v. District CourtMontana Supreme Court · 1911
- People, Ex Rel. Johnson v. CoffeyMichigan Supreme Court · 1926
- State Ex Rel. Matson v. O'HernMontana Supreme Court · 1937
- State Ex Rel. Shea v. Judicial Standards CommissionMontana Supreme Court · 1982
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