McElliott v. Fousek

Full title: McELLIOTT, APPELLANT, v. FOUSEK, MAYOR, ET AL., RESPONDENTS

Court: Supreme Court of Montana

Date published: Feb 27, 1932

8 P.2d 796 (Mont. 1932)

8 P.2d 796

Opinion

No. 6,935.

Submitted January 19, 1932.

Decided February 27, 1932.

Appeal from District Court, Cascade County; W.H. Meigs, Judge.

MANDAMUS by David McElliott against Albert J. Fousek, Mayor of the City of Great Falls, and F.R. Van de Putte et al., as members of the Police Commission of said city. From a judgment of dismissal plaintiff appeals. Affirmed.

Messrs. Molumby, Busha Greenan, for Appellant.

Mr. Warren Toole, for Respondents.

(For syllabus, see State ex rel. McElliott v. Fousek, Mayor, ante, p. 457, 8 P.2d 795.)

MR. JUSTICE ANGSTMAN delivered the opinion of the court.

This case is identical in facts with the companion case No. 6936, State ex rel. McElliott v. Fousek, Mayor, ante, p. 457, 8 P.2d 795, this day decided, except as to the party defendant. On the authority of that case the judgment is affirmed.

MR. CHIEF JUSTICE CALLAWAY and ASSOCIATE JUSTICES GALEN, FORD and MATTHEWS concur.