Legal Opinion

Bailey v. Edwards

Montana Supreme Court

Decided March 27, 1913No. 3,227PublishedCited by 15 opinions

Appeal from, District Court, Lewis and Clark County; E. E. Cheadle, Judge of the Tenth Judicial District, presiding. Action by Leonard) Bailey against Frank J. Edwards. From a judgment of nonsuit, plaintiff appeals. Defendant is bound -by the judgments in the mandamus proceedings. The judgments in those eases preclude and estop him from denying the truth of the facts established, or which might have been established, therein and from questioning the law as there declared.

Read the full summary

Appeal from, District Court, Lewis and Clark County; E. E. Cheadle, Judge of the Tenth Judicial District, presiding. Action by Leonard) Bailey against Frank J. Edwards. From a judgment of nonsuit, plaintiff appeals. Defendant is bound -by the judgments in the mandamus proceedings. The judgments in those eases preclude and estop him from denying the truth of the facts established, or which might have been established, therein and from questioning the law as there declared. Those judgments are final and conclusive in this action as to all the issues which were actually determined and as to all…

1Opinion of the CourtJustice Sanner

According to the complaint, the appellant, plaintiff below, and Moses Quintín, George Farnam and William F. Bossier were on June 1, 1908, members of the police force of the city of Helena; on that day the respondent “wrongfully, unlawfully, maliciously and oppressively, and under color of his pretended authority as mayor of said city, did without right or jurisdiction or authority, and contrary to the provisions of the statute in that behalf enacted,” cause their dismissal and exclusion from office; and although they at all times and by all proper means protested against this exclusion and…

2Cases cited22 opinions

  1. Basey v. GallagherSupreme Court of the United States · 1875
  2. People Ex Rel. Deverell v. Musical Mutual Protective UnionNew York Court of Appeals · 1889
  3. State ex rel. Quintin v. EdwardsMontana Supreme Court · 1910
  4. Chumasero v. PottsMontana Supreme Court · 1875
  5. State ex rel. Race v. CranneyWashington Supreme Court · 1902

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

3Cited by15 opinions

  1. State Ex Rel. Golden Valley County v. District CourtMontana Supreme Court · 1925
  2. City of Phoenix v. SittenfeldArizona Supreme Court · 1939
  3. State Ex Rel. Phillips v. FordMontana Supreme Court · 1944
  4. State Ex Rel. Powell v. State BankMontana Supreme Court · 1931
  5. Sullivan v. City of ButteMontana Supreme Court · 1922

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

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API