Legal Opinion

State ex rel. Lease v. Wilkinson

Montana Supreme Court

Decided December 9, 1918No. 4,274PublishedCited by 6 opinions

Appeal from District Court of Missoula County; R. Lee Mc-Culloch, Judge. Mandamus against H. T. Wilkinson, Mayor, and others, as commissioners of the City of Missoula, to compel reinstatement of relator as a policeman. From a judgment dismissing the proceeding, relator appeals.

1Opinion of the CourtJustice Holl.oway

In October, 1910, relator was duly appointed policeman of the city of Missoula, — a city of the first class, — qualified as such and performed the duties of his office until March, 1918, when he was discharged by the city commissioners, without trial and without notice that any charges had been preferred against him. He instituted this proceeding in mandamus to compel his reinstatement, and in his affidavit set forth the facts in detail. An alternative writ was issued and upon return respondents appeared by demurrer and motion to quash. The' demurrer and motion were sustained and a judgment…

2Cases cited3 opinions

  1. State ex rel. Fadness v. EieMontana Supreme Court · 1916
  2. State ex rel. Dwyer v. DuncanMontana Supreme Court · 1914
  3. State ex rel. McDonald v. GetchellMontana Supreme Court · 1915

3Cited by6 opinions

  1. State Ex Rel. Powell v. State BankMontana Supreme Court · 1931
  2. State ex rel. Daly v. DryburghMontana Supreme Court · 1921
  3. Davidson v. LoveMontana Supreme Court · 1953
  4. State ex rel. Tracy v. HenryWisconsin Supreme Court · 1935
  5. State ex rel. Lease v. WilkinsonMontana Supreme Court · 1921

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