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Olsen v. Spoya

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eBook details

  • Title: Olsen v. Spoya
  • Author : Supreme Court of Montana
  • Release Date : January 05, 1955
  • Genre: Law,Books,Professional & Technical,
  • Pages : * pages
  • Size : 58 KB

Description

This is an original proceeding. On November 14, 1974, applicants petitioned this Court for a writ of supervisory control or other appropriate writ restraining respondent district Page 75 court from acting in excess of its jurisdiction in granting a jury trial to George Miskovich plaintiff in Cause No. 38221 before it. Plaintiff, a Helena police officer, was accused of official misconduct during the arrests of several individuals at various times in 1973 and 1974. Proceedings were conducted before the Helena Police Commission as provided under Montanas Metropolitan Police Law, sections 11-1801 through 11-1837, R.C.M. 1947. After receiving both testimonial and documentary evidence, the Commission was able to substantiate some of the charges against plaintiff and ultimately took disciplinary action. Thereafter plaintiff instituted Cause No. 38221 by filing a complaint in the district court, Lewis and Clark County, pursuant to the review provisions of subsections (7) and (8) of section 11-1806, R.C.M. 1947. Contained in the prayer for relief was a request for jury trial.


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