Legal Opinion

Carland v. Commissioners of Custer County

Montana Supreme Court

Decided January 15, 1885PublishedCited by 9 opinions

Appeal from First District, Custer County. Plaintiff, on the 12th day of April, 1883, filed in the district court of Custer county his petition for a writ of certiorari, praying for the review and annulment of an order passed by the defendants, removing him from the office of treasurer of Custer county, to which he had been duly elected at a general election held November 7, 1882. The petition set forth the fact of such election, and the qualification of plaintiff, and the…

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Appeal from First District, Custer County. Plaintiff, on the 12th day of April, 1883, filed in the district court of Custer county his petition for a writ of certiorari, praying for the review and annulment of an order passed by the defendants, removing him from the office of treasurer of Custer county, to which he had been duly elected at a general election held November 7, 1882. The petition set forth the fact of such election, and the qualification of plaintiff, and the filing of the bond then required, and within the time required by law, and the taking of the oath of office. More than…

1Opinion of the CourtGalbraith, J.

This is an appeal from an order of the court confirming the action of the respondent in removing the appellant from the office of treasurer of said county of Custer, and appointing another person to fill the vacancy. The first question presented relates to the right of the persons constituting the board of commissioners of Custer county, to hold and exercise their offices as such commissioners. An act of the legislative assembly, entitled “An act relative to the offices of county commissioners of Custer county,” approved March, 1883, declared the offices of county commissioners of Custer…

2Cases cited11 opinions

  1. Donahue v. County of WillIllinois Supreme Court · 1881
  2. People Ex Rel. Sims v. Board of Fire CommissionersNew York Court of Appeals · 1878
  3. Merrill v. . Agricultural Ins. Co.New York Court of Appeals · 1878
  4. Holmes v. TrumperMichigan Supreme Court · 1871
  5. People, Ex Rel. Gere v. . WhitlockNew York Court of Appeals · 1883

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3Cited by9 opinions

  1. Gildemeister v. LindsayMichigan Supreme Court · 1920
  2. State v. JaastadArizona Supreme Court · 1934
  3. Butler v. PhillipsSupreme Court of Colorado · 1906
  4. State ex rel. Bickford v. CookMontana Supreme Court · 1896
  5. Stephens v. City of Great FallsMontana Supreme Court · 1946

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