Legal Opinion

State ex rel. Hamilton v. Grant

Wyoming Supreme Court

Decided August 1, 1905PublishedCited by 24 opinions

Original proceeding in mandamus. Mandamus to compel the State Auditor to issue a warrant 'for the salary claimed by the relator, Octavius A. Hamilton, as Superintendent of Water Division No. 4. The relator had been removed by the Governor, and his successor appointed. Claiming that the removal was illegal, and that he continued to hold the office, the relator instituted this proceeding to determine his right to the salary alleged to be due.

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Original proceeding in mandamus. Mandamus to compel the State Auditor to issue a warrant 'for the salary claimed by the relator, Octavius A. Hamilton, as Superintendent of Water Division No. 4. The relator had been removed by the Governor, and his successor appointed. Claiming that the removal was illegal, and that he continued to hold the office, the relator instituted this proceeding to determine his right to the salary alleged to be due. Chapter 59, Raws 1905, providing for the removal of a certain class of state officers, is void as authorizing the removal without due process of law,…

1Opinion of the Court

Beard, Justice.

This is a proceeding commenced in this court, as a court of original jurisdiction, by the relator against the State Auditor, praying for a writ of mandamus to compel the Auditor to allow, draw and sign a warrant on the State Treasurer for one hundred dollars, being the amount of the salary claimed by the relator as Superintendent of Water Division No. 4 of the State of Wyoming for the month of March, 1905. The relator presented his petition to Chief *50Justice Potter, and an alternative writ was issued by him and made returnable to this court. The facts necessary to an…

Also in this document: Concurrence.

2Cases cited17 opinions

  1. Dullam v. WillsonMichigan Supreme Court · 1884
  2. Attorney General ex rel. Rich v. JochimMichigan Supreme Court · 1894
  3. Morton v. BroderickCalifornia Supreme Court · 1897
  4. State v. McGarryWisconsin Supreme Court · 1867
  5. Hallgren v. CampbellMichigan Supreme Court · 1890

12 more not listed; retrieve them via the Exa API.

3Cited by24 opinions

  1. Gray v. McLendonSupreme Court of Georgia · 1910
  2. Bannerman v. BoyleCalifornia Supreme Court · 1911
  3. People v. ShawyerWyoming Supreme Court · 1924
  4. Wentz v. ThomasSupreme Court of Oklahoma · 1932
  5. State ex rel Wyckoff v. RossWyoming Supreme Court · 1924

19 more not listed; retrieve them via the Exa API.

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