Legal Opinion

State ex rel. Examining & Trial Board v. Jackson

Montana Supreme Court

Decided May 24, 1920No. 4,624PublishedCited by 17 opinions

Original application by the State of Montana, on the relation of the Mayor and the Examining and Trial Board of the Police Department of the City of Butte, for a writ of prohibition directed to the District Court of the Second Judicial District for the County of Silver Bow.

1Opinion of the CourtJustice Matthews

Prohibition to stay the action of respondents on writ of certiorari issued against relators at the instance of one James Burns, discharged police officer of Butte.

The affidavit of relators recites that proceedings were commenced against Burns, charging acts constituting conduct unbecoming a police officer, notice given and hearing had as required by law, findings of the board sustaining the charges, and dismissal by the mayor. Thereupon Burns applied to the respondent court for a writ of certiorari, which was issued commanding relators to certify and return to said court a full transcript of…

2Cases cited20 opinions

  1. Kohl v. United StatesSupreme Court of the United States · 1876
  2. Weston and Others v. the City Council of CharlestonSupreme Court of the United States · 1829
  3. State ex rel. King v. Second Judicial District CourtMontana Supreme Court · 1900
  4. State ex rel. Marshall v. District CourtMontana Supreme Court · 1915
  5. State ex rel. Lane v. District CourtMontana Supreme Court · 1915

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3Cited by17 opinions

  1. Grant v. MichaelsMontana Supreme Court · 1933
  2. State ex rel. Thibodeau v. District CourtMontana Supreme Court · 1924
  3. State v. BennettMontana Supreme Court · 1972
  4. State Ex Rel. Hahn v. District CourtMontana Supreme Court · 1928
  5. State Ex Rel. King v. District CourtMontana Supreme Court · 1939

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