Legal Opinion

State v. Driscoll

Montana Supreme Court

Decided November 6, 1914No. 3,569PublishedCited by 10 opinions

Appeal from District Court, Silver Bow County; Boy E. Ayres, Judge of the Tenth Judicial District, presiding. Proceeding by the state, on the accusation of James H. Rowe, Louis Dreibelbis, W. M. Tuohy and A. R. Currie, to remove Tim Driscoll from the office of sheriff of Silver Bow county. From a judgment of removal and from an order denying him a new trial, defendant appeals.

1Opinion of the CourtJustice Sanner

On the 10th day of September, 1911, an accusation in writing was filed in the district court of Silver Bow county by J ames H. Rowe and three other persons, alleging that Timothy Driscoll, the sheriff of said county, had refused and neglected to perform *560the official duties of his office, and praying for his removal on account thereof. A citation having been issued and served, Mr. Driscoll appeared and by his attorneys moved to quash the citation, and also demurred to the accusation on various grounds, which motion and demurrer being overruled, he made answer denying the material averments of…

2Cases cited8 opinions

  1. Coffey v. Superior CourtCalifornia Supreme Court · 1905
  2. State ex rel. Rowe v. District CourtMontana Supreme Court · 1911
  3. Finlen v. HeinzeMontana Supreme Court · 1903
  4. Lane v. BaileyMontana Supreme Court · 1904
  5. Moulton v. ScullySupreme Judicial Court of Maine · 1914

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3Cited by10 opinions

  1. Buhler v. LoftusMontana Supreme Court · 1917
  2. Williard v. CampbellMontana Supreme Court · 1932
  3. Annala v. McLeodMontana Supreme Court · 1949
  4. Montana Auto Finance Corp. v. Federal Surety Co.Montana Supreme Court · 1929
  5. Bickford v. BickfordMontana Supreme Court · 1933

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