McGillic v. Corby
Montana Supreme Court
Appeal from District Court, Silver Bow County; J. J. Lynchs Judge. Action for an injunction by Barney McGillic against Joseph. A. Corby and others, as officers of the city of Butte. Defendants had judgment and plaintiff appeals.
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Appeal from District Court, Silver Bow County; J. J. Lynchs Judge. Action for an injunction by Barney McGillic against Joseph. A. Corby and others, as officers of the city of Butte. Defendants had judgment and plaintiff appeals. A municipal corporation possesses and can exercise the following powers and no others: (1) Those granted in express words; (2) those necessarily or fairly implied in or incident to the .powers expressly granted; and (3) those essential to the declared objects and purposes of the corporation — not simply convenient, but indispensable. Any fair, reasonable doubt…
1Opinion of the CourtChief Justice Brantly
Action for an injunction. During certain periods in the years 1906 and 1907 Hon. John MacGinniss, the mayor of the *251city of Butte, was absent from the city. James Doull, a member of the city council, having been elected president thereof under authority of section 4783, Title III, Article III, Chapter III, Political Code; performed the duties of mayor. He thereupon presented his claim to the city for such services during three periods, to-wit: For 3 days during Séptember, 1906; for 51 days covering the time from November 22, 1906, to January 12, 1907; and 10 days during April, 1907. On…
2Cases cited4 opinions
- Davidson v. WamplerMontana Supreme Court · 1903
- State v. EvansMontana Supreme Court · 1895
- In re McFarland's EstateMontana Supreme Court · 1891
- Ex Parte SweetmanCalifornia Court of Appeal · 1907
3Cited by16 opinions
- Lamont v. VingerMontana Supreme Court · 1921
- Shapard v. City of MissoulaMontana Supreme Court · 1914
- Horsky v. McKennanMontana Supreme Court · 1916
- Cooper v. City of BozemanMontana Supreme Court · 1917
- State ex rel. Cutts v. HartMontana Supreme Court · 1919
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