State ex rel. Shea v. Cocking
Montana Supreme Court
Appeal from District Court, Silver Bow County; Joseph B. Jachson, Judge. Mandamus by tbe State of Montana on tbe relation of Daniel F. Sbea against James G-. Cocking, as mayor of tbe City of Bntte, and others. From a judgment for relator, defendants appeal. Where the law bolds that no person except an elector shall be eligible to office, this does not mean that the converse is true, that any elector whether qualified or not is entitled to hold office.
Read the full summary
Appeal from District Court, Silver Bow County; Joseph B. Jachson, Judge. Mandamus by tbe State of Montana on tbe relation of Daniel F. Sbea against James G-. Cocking, as mayor of tbe City of Bntte, and others. From a judgment for relator, defendants appeal. Where the law bolds that no person except an elector shall be eligible to office, this does not mean that the converse is true, that any elector whether qualified or not is entitled to hold office. Such reasoning would be very fallacious. This provision 'of the law simply limits the number from whom an officer may be chosen. The one chosen…
1Opinion of the CourtChief Justice Callaway
This is a proceeding brought by relator to compel the city of Butte and its mayor, treasurer, and clerk to issue to him two warrants in payment of his salary as police judge. He was elected and qualified as police judge of the city of Butte in 1921, and had been drawing his salary without question prior to the time when these officers refused to pay it further.
To the petition praying for a writ of mandate, the respond*173ents answered, setting forth as a defense that the relator was not, when he was elected, and never has been, eligible to hold the office because at all times he has been blind.…
2Cases cited13 opinions
- Maxmilian v. . MayorNew York Court of Appeals · 1875
- Lorillard v. . the Town of MonroeNew York Court of Appeals · 1854
- People ex. rel. Hughes v. MayMichigan Supreme Court · 1855
- Missouri Pacific Railway Co. v. LarabeeSupreme Court of the United States · 1914
- Bailey v. EdwardsMontana Supreme Court · 1913
8 more not listed; retrieve them via the Exa API.
3Cited by20 opinions
- Hess Construction Co. v. Board of EducationCourt of Appeals of Maryland · 1996
- State Ex Rel. Golden Valley County v. District CourtMontana Supreme Court · 1925
- State Ex Rel. Lynch v. BataniMontana Supreme Court · 1936
- State Ex Rel. O'Connor v. McCarthyMontana Supreme Court · 1929
- State Ex Rel. Gebhardt v. City Council of HelenaMontana Supreme Court · 1936
15 more not listed; retrieve them via the Exa API.