State ex rel. Paige v. District Court
Montana Supreme Court
Original application by tbe State, on relation of Bert G. Paige, for writ of prohibition to tbe District Court of tbe Fifth Judicial District in and for tbe County of Madison and William A. Clark, a Judge thereof.
1Opinion of the CourtJustice Holloway
delivered tbe opinion of tbe court.
This proceeding presents tbe inquiry: May a county commis[1] sioner be tried now upon an accusation presented against him pursuant to section 9006, Revised Codes, for collecting illegal fees — tbe statute having been changed after tbe accusation was filed, but before the accused was brought to trial ? Tbe circumstances out of which this proceeding arises are set forth fully in State ex rel. Payne v. District Court, 53 Mont. 350, 165 Pac. 294.
Under section 9006 a county commissioner was liable to removal from office for collecting illegal fees. If tbe bare…
2Cases cited5 opinions
- State ex rel. Rowe v. District CourtMontana Supreme Court · 1911
- Pullen v. EugeneOregon Supreme Court · 1915
- State ex rel. Payne v. District CourtMontana Supreme Court · 1917
- Leggatt v. PrideauxMontana Supreme Court · 1895
- City of Helena v. RoganMontana Supreme Court · 1902
3Cited by14 opinions
- Continental Supply Co. v. AbellMontana Supreme Court · 1933
- State ex rel. Esgar v. District CourtMontana Supreme Court · 1919
- Continental Oil Co. v. Montana Concrete Co.Montana Supreme Court · 1922
- State Ex Rel. Nagle v. the Leader Co.Montana Supreme Court · 1934
- Durland v. PrickettMontana Supreme Court · 1935
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