Peterson v. City of Butte
Montana Supreme Court
Appeal from District Court, Silver Bow County; John B. McClernan, Judge. Action by Gus F. Peterson against the City of Butt’e. Judgment for plaintiff, and defendant appeals from it and an order denying it a new trial.
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Appeal from District Court, Silver Bow County; John B. McClernan, Judge. Action by Gus F. Peterson against the City of Butt’e. Judgment for plaintiff, and defendant appeals from it and an order denying it a new trial. In a consideration of this case, we earnestly request the court to bear in mind that an office is not synonymous with a salary for an office, though in the popular mind the two things are frequently considered as only one; and in this connection we request the court to remember that another popular notion is a fallacy, to-wit, that the salary is the principal; the office and…
1Opinion of the CourtChief Justice Brantly
delivered the opinion of the court..
Prior to December 18, 1909, the plaintiff herein and twelve others, his assignors, had been duly and regularly appointed *406patrolmen upon the police force of the city of Butte, under'the provisions of an ordinance of the city enacted in pursuance of, and to carry into effect, the act of the legislature approved March 7, 1907, commonly known as the “Police Commission Bill.” On the date mentioned, Charles P. Nevin, mayor of the city, summarily dismissed and removed them from the force, and caused their names to be stricken from the city payroll. On December 20,…
2Cases cited19 opinions
- Fitzsimmons v. . City of BrooklynNew York Court of Appeals · 1886
- McVeany v. Mayor, Aldermen & CommonaltyNew York Court of Appeals · 1880
- State ex rel. Quintin v. EdwardsMontana Supreme Court · 1910
- Andrews v. City of PortlandSupreme Judicial Court of Maine · 1887
- State ex rel. Rowe v. District CourtMontana Supreme Court · 1911
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3Cited by15 opinions
- State Ex Rel. Anderson v. FousekMontana Supreme Court · 1932
- State Ex Rel. Public Service Commission v. BrannonMontana Supreme Court · 1929
- State Ex Rel. Golden Valley County v. District CourtMontana Supreme Court · 1925
- State Ex Rel. Matson v. O'HernMontana Supreme Court · 1937
- Application of O'SullivanMontana Supreme Court · 1945
10 more not listed; retrieve them via the Exa API.