Herlihy v. Donohue
Montana Supreme Court
Appeal from District Cou/rt, Silver Bow County; J. J. Lynch, Judge. Action by Michael Herlihy, as executor of the estate of Dennis Herlihy, deceased, against Dan J. Donohue and others. Judgment for plaintiff. Defendants appeal.
Read the full summary
Appeal from District Cou/rt, Silver Bow County; J. J. Lynch, Judge. Action by Michael Herlihy, as executor of the estate of Dennis Herlihy, deceased, against Dan J. Donohue and others. Judgment for plaintiff. Defendants appeal. There is not any presumption of law that either a public official or private individual has the indisputable right to destroy private property, neither is there any presumption that a public official either maliciously, or wantonly, or unnecessarily, injures or destroys private property, but there is a presumption: “That official duty has been regularly performed.”…
1Opinion of the CourtJustice Holloway
On September 1, 1914, the governor of this state issued a proclamation declaring the county of Silver Bow in a state of insurrection. A portion of the organized militia under command of Major Dan J. Donohue, with Wm. Morse and Wade Gobel, subordinate officers, was -ordered to the scene of the trouble for the declared purpose of restoring peace and good order and rehabilitating the civil authority in that county. Upon taking command of the troops Major Donohue issued an order closing saloons and other places where intoxicating liquors were for sale. This order was thereafter modified so as to…
2Cited by19 opinions
- Sterling v. ConstantinSupreme Court of the United States · 1932
- State v. Safeway Stores, Inc.Montana Supreme Court · 1938
- State v. Gateway Mortuaries, Inc.Montana Supreme Court · 1930
- State v. RathboneMontana Supreme Court · 1940
- Constantin v. SmithDistrict Court, E.D. Texas · 1932
14 more not listed; retrieve them via the Exa API.