State ex rel. Breen v. Stodden
Montana Supreme Court
Appeal from District Court, Silver Bow County; John V. Dwyer, Judge. Mandamus by the State, on the relation of Peter T. Breen, against the Mayor of the City of Butte, William T. Stodden, incumbent. From a judgment awarding a peremptory writ, defendant appeals.
1Opinion of the CourtJustice Matthews
court.
Respondent Breen, hereafter for convenience called the plaintiff, instituted proceeding in mandanms against appellant, hereafter referred to as the defendant, to compel his restoration as assistant city jailer in the police department of Butte. This appeal is from the judgment of the district court awarding the peremptory writ, filed and entered September 14, 1919. The bill of exceptions herein was settled October 14, 1919.
On March 25, 1920, plaintiff filed in this court a motion to dismiss the appeal on the ground that defendant had fully complied with the writ and satisfied the…
2Cases cited4 opinions
- State ex rel. Quintin v. EdwardsMontana Supreme Court · 1910
- Black v. BlackMontana Supreme Court · 1905
- State ex rel. Dwyer v. DuncanMontana Supreme Court · 1914
- State ex rel. Rowling v. Mayor of ButteMontana Supreme Court · 1911
3Cited by3 opinions
- Civic Ass'n of Wyoming v. Railway Motor Fuels, Inc.Wyoming Supreme Court · 1941
- People ex rel. Kelly v. MillikenSupreme Court of Colorado · 1923
- State ex rel. Dwyer v. Mayor of ButteMontana Supreme Court · 1923