State ex rel. Young v. Yates
Montana Supreme Court
Appeal from, District Court, Cascade County. C. H. Benton Judge. Proceeding on the relation of David H. Young against Sol. Yates to determine the right to a city office. Judgment for defendant, from which, and from an order denying a new trial, relator appeals. ° Statement of the case by the justice delivering the opinion.
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Appeal from, District Court, Cascade County. C. H. Benton Judge. Proceeding on the relation of David H. Young against Sol. Yates to determine the right to a city office. Judgment for defendant, from which, and from an order denying a new trial, relator appeals. ° Statement of the case by the justice delivering the opinion. This action was brought by relator, Young, appellant here, to try the right of the defendant, Yates, to the office of city jailer of the city of Great Falls. The material and undisputed facts developed the following conditions : On June 24, 1895, at a regular meeting of the…
1Opinion of the CourtHunt, J.
This case-has been argued and briefed by both sides upon the single question of whether the relator was confirmed or not. And it is this question alone we shall decide. All the eight aldermen of the city were at the meeting of the city council on June 24, 1895. The mayor was also present. The council lawfully met. (Compiled statutes 1887, Fifth Division, C. 22, § 346.) In case of a tie in any vote or proceeding of the city council, the mayor had a casting vote; not otherwise. (Laws of Mont., 3d Sess., page 126, § 367.)-The mayor is declared by the law to be the chief executive officer of the…
2Cases cited6 opinions
- United States v. BallinSupreme Court of the United States · 1892
- County of Cass v. JohnstonSupreme Court of the United States · 1877
- Rushville Gas Co. v. City of RushvilleIndiana Supreme Court · 1889
- People ex rel. Dafoe v. HarshawMichigan Supreme Court · 1886
- State ex rel. Grosshans v. GrayNebraska Supreme Court · 1888
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3Cited by27 opinions
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- City of Haven v. GreggSupreme Court of Kansas · 1988
- Fargnoli v. CianciSupreme Court of Rhode Island · 1979
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