State ex rel. Quintin v. Edwards
Montana Supreme Court
Appeal from District Court, Lewis and Clark County; W. B. C. Stewart, Judge, presiding. Application by tbe state, on tbe relation of Moses Quintín, for a writ of mandamus against Frank J. Edwards, as mayor of tbe city of Helena. From a judgment for defendant relator appeals. Policemen are officers of the state. Tbe police board is an agency of the state.
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Appeal from District Court, Lewis and Clark County; W. B. C. Stewart, Judge, presiding. Application by tbe state, on tbe relation of Moses Quintín, for a writ of mandamus against Frank J. Edwards, as mayor of tbe city of Helena. From a judgment for defendant relator appeals. Policemen are officers of the state. Tbe police board is an agency of the state. Police commissioners are in fact state officers, not municipal, though they be appointed by tbe city and tbe city be taxed to pay them. (Davock v. Moore, 105 Mich. 120, 63 N. W. 424, 28 L. R. A. 783; People v. Reilly, 53 Mich. 260, 18 N. W.…
1Opinion of the CourtJustice Smith
This is an appeal from a judgment of the district court of Lewis and Clark county entered in favor of the respondent after the court had sustained a general demurrer to the affidavit for a writ of mandate, and had granted a motion to quash an alternative writ theretofore issued. The affidavit filed by the relator alleges, in substance, as follows: Since May 1, 1908, the respondent, Frank J. Edwards, has been, and still is, mayor of the city of Helena, a city of the first' class. The relator, Quintín, was a patrolman of the city at the time of the passage of Chapter 136, page 344, Laws of…
2Cases cited9 opinions
- Ogden v. SaundersSupreme Court of the United States · 1827
- Anderson v. RitterbuschSupreme Court of Oklahoma · 1908
- Arnett v. State, ex rel. DonohueIndiana Supreme Court · 1907
- Burch v. HardwickeSupreme Court of Virginia · 1878
- Lebcher v. Board of CommissionersMontana Supreme Court · 1890
4 more not listed; retrieve them via the Exa API.
3Cited by21 opinions
- State Ex Rel. Barney v. HawkinsMontana Supreme Court · 1927
- Golden Gate Bridge & Highway District v. FeltCalifornia Supreme Court · 1931
- State ex rel. Quintin v. EdwardsMontana Supreme Court · 1910
- State ex rel. Corry v. CooneyMontana Supreme Court · 1924
- State Ex Rel. Anderson v. FousekMontana Supreme Court · 1932
16 more not listed; retrieve them via the Exa API.