Sweeney v. City of Butte

MR. COMMISSIONER COMER

prepared the opinion for the court.

This is an action brought by Thomas D. Sweeney, the plaintiff and respondent, against the city of Butte,' defendant and appellant, to recover his salary as a member of the police department of defendant from May 1, 1918, to July 25, 1920. Plaintiff recovered judgment in the district court and the defendant appeals.

Summarizing the facts, as alleged in plaintiff’s complaint, they are as follows:

Defendant is a municipal corporation, a city of the first class, possessing a population exceeding 10,000. In June, 1908, it adopted an ordinance…