State ex rel. Bennetts v. Duncan
Montana Supreme Court
Appeal from, District Court, Silver Bow County; J. J. Lynch, Judge. Application for writ of mandate commanding defendant, Lewis J. Duncan, as mayor of the city of Butte, to reinstate plaintiff in the office of policeman. From a judgment awarding to plaintiff the relief asked, defendant appeals. Under the state of the record herein, laches of the relator, precluding a recovery, appear.
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Appeal from, District Court, Silver Bow County; J. J. Lynch, Judge. Application for writ of mandate commanding defendant, Lewis J. Duncan, as mayor of the city of Butte, to reinstate plaintiff in the office of policeman. From a judgment awarding to plaintiff the relief asked, defendant appeals. Under the state of the record herein, laches of the relator, precluding a recovery, appear. Merrill on Mandamus, page 96, states: ‘1 The courts require those who would avail themselves of the assistance of this writ to be prompt in demanding the enforcement of their rights.” Ignorance of his rights…
1Opinion of the CourtChief Justice Brantly
This is an appeal by defendant from a judgment awarding to the relator a peremptory writ of mandate commanding defendant to reinstate him in the office of policeman of the city of Butte, from which he alleged he was unlawfully removed by Charles P. Nevin, the predecessor of defendant. The statement of facts out of which the controversy grew may be found by reference to the opinion in State ex rel. Rowling v. District Court, 41 Mont. 532, 110 Pac. 86. The relator herein was not a party to that proceeding nor to another which resulted in a final determination that the relators therein were…
2Cases cited6 opinions
- State ex rel. Quintin v. EdwardsMontana Supreme Court · 1910
- State ex rel. Beach v. District CourtMontana Supreme Court · 1903
- Territory ex rel. Tanner v. PottsMontana Supreme Court · 1879
- State ex rel. Bailey v. EdwardsMontana Supreme Court · 1910
- State ex rel. Rowling v. Mayor of ButteMontana Supreme Court · 1911
1 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- State Ex Rel. Anderson v. FousekMontana Supreme Court · 1932
- City of San Antonio v. CastilloCourt of Appeals of Texas · 1956
- State Ex Rel. Phillips v. FordMontana Supreme Court · 1944
- State Ex Rel. Wallace v. CallowMontana Supreme Court · 1927
- State Ex Rel. Brink v. McCrackenMontana Supreme Court · 1931
8 more not listed; retrieve them via the Exa API.