Territory of Montana v. McElroy

Montana Supreme Court

Territory of Montana v. McElroy

1 Mont. 86

DecidedDecember 15, 1868

StatusPublished

This text of 1 Mont. 86 (Territory of Montana v. McElroy) is published on Counsel Stack Legal Research, covering Montana Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Territory of Montana v. McElroy, 1 Mont. 86 (Mo. 1868).

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Opinion

Warren, C. J.

This was an indictment under the statute against the respondent, as a justice of the peace, for willfully receiving fees not allowed by law. The indictment was defective in not alleging in the language of the statute that the defendant was su.ch officer. This allegation might have been supported by proof that he acted as such.

The order of the court below is affirmed.

Exceptions overruled.

Knowles, J., concurred.

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Warren, C. J.

This was an indictment under the statute against the respondent, as a justice of the peace, for willfully receiving fees not allowed by law. The indictment was defective in not alleging in the language of the statute that the defendant was su.ch officer. This allegation might have been supported by proof that he acted as such.

The order of the court below is affirmed.

Exceptions overruled.

Knowles, J., concurred.

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Bluebook (online)

1 Mont. 86, Counsel Stack Legal Research, https://law.counselstack.com/opinion/territory-of-montana-v-mcelroy-mont-1868.