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State v. State Board of Education Et Al.

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eBook details

  • Title: State v. State Board of Education Et Al.
  • Author : Supreme Court of Montana
  • Release Date : January 18, 1936
  • Genre: Law,Books,Professional & Technical,
  • Pages : * pages
  • Size : 65 KB

Description

MANDAMUS — FISH AND GAME — OFFICERS — PLEADING. 1. Mandamus — Effect of motion to quash. Motion to quash alternative writ of mandate performs function of general demurrer and brings controversy before the court of the law. 2. Mandamus — Admission of well pleaded facts on motion to quash. Motion to quash alternative writ of mandamus admits only facts well pleaded. 3. Fish and game — Discharge without notice not proper. Where state fish and game commission requested its employee, a fishery biologist, to appear at meeting to attend hearing concerning dismissal of another employee, and no notice was given biologist that charges against him would be heard, and at such meeting the commission informed biologist that he was discharged and dismissed, the discharge was void for lack of notice and biologist was entitled to relief by way of mandamus, notwithstanding that subsequent to the summary dismissal the biologist was given notice that hearing on his dismissal would be held.


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