State ex rel. Buckner v. Mayor of Butte
Montana Supreme Court
Appeal from District Court, Silver Bow County; John B. Mc-Clernan, Judge. Mandamus by tbe state, on tbe relation of William J. Buckner, against the mayor of the city of Butte, Charles P. Nevin, incum- „ bent, to compel the reinstatement of relator as captain of police. From a judgment awarding a peremptory writ and from an order denying a new trial, defendant appeals.
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Appeal from District Court, Silver Bow County; John B. Mc-Clernan, Judge. Mandamus by tbe state, on tbe relation of William J. Buckner, against the mayor of the city of Butte, Charles P. Nevin, incum- „ bent, to compel the reinstatement of relator as captain of police. From a judgment awarding a peremptory writ and from an order denying a new trial, defendant appeals. The exercise of the power to appoint officers must pursue the mode prescribed by the statute conferring the power. (23 Am. & Eng. Ency. of Law, 2d ed., p. 344; Ward v. Cook, 78 111. App. Ill; People v. Hall, 104 N. Y. 170, 10 N.…
1Opinion of the CourtJustice Smith
On May 6, 1907, the so-called “Metropolitan Police Law” (Article VI, Chapter III, sections 3304-3317, Revised Codes [Chapter 136, Laws 10th Leg. Sess.]) went into force and effect. On May 8, 1907, the Honorable Joseph Corby, then mayor of Butte, a city of the first class, “nominated and appointed,” by a writing filed in the office of the city clerk, as members of the Examining and Trial Board of that city, Messrs. George C. Fitschen, Thomas Driscoll and Harry Blumkin, who each took the oath and assumed to enter upon the exercise of the duties of his office. Subsequently Fitschen died, and…
2Cases cited12 opinions
- State v. CarrollSupreme Court of Connecticut · 1871
- Stocking v. StateIndiana Supreme Court · 1855
- State ex rel. Smith v. AskewSupreme Court of Arkansas · 1886
- In re Fourth Judicial DistrictWyoming Supreme Court · 1893
- People v. RobertsCalifornia Supreme Court · 1856
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3Cited by15 opinions
- State Ex Rel. West, Atty. Gen. v. BreckinridgeSupreme Court of Oklahoma · 1912
- State ex rel. Patterson v. LentzMontana Supreme Court · 1915
- State Ex Rel. Wallace v. CallowMontana Supreme Court · 1927
- Schaffner v. ShawSupreme Court of Iowa · 1920
- State Ex Rel. Flynn v. EllisMontana Supreme Court · 1940
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