Meinecke v. Mcfarland - Supreme Court of Montana

Meinecke v. Mcfarland

By Supreme Court of Montana

  • Release Date - Published: 1949-06-02
  • Book Genre: Law
  • Author: Supreme Court of Montana
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Meinecke v. Mcfarland Supreme Court of Montana read online review & book description:

1. Game ? Selling licenses ? Duty of game warden. The state game warden determines the persons who are to sell licenses and he has the duty and responsibility of selecting such persons. 2. Constitutional law ? Filing bond ? Revoking license. The filing of a bond by an applicant for the right to sell licenses gave the applicant no vested right since the fish and game warden could suspend or revoke the authority whenever in his judgment the interest of the state required it, and the warden was not personally liable for damages whether he acted affirmatively or negatively by refusing to furnish license blanks. 3. Officers ? Immunity from personal liability. Immunity from personal liability is not extended to an officer for his own sake but because the public interest requires full independence of action and decision on his part, uninfluenced by any fear of consequences personal to himself. 4. Officers ? Recovery in tort from officer. In order to recover in tort on the theory of a failure to perform some official duty of a ministerial character, the plaintiff must point out some statutory obligation on the part of the public official. 5. Pleading ? Conclusion of law. The statement that the defendant "wrongfully failed to perform his official duty to supply the plaintiff license blanks" is not a statement of fact but a bald conclusion of law and must be disregarded. - Page 516 6. Game ? Complaint failed to state cause of action. Plaintiffs amended complaint did not state a cause of action because of failure to allege conditions of the bonds and whether compliance was had. 7. Officers ? Appeal or review proper remedy here. The general rule is that persons aggrieved by erroneous rulings or orders of persons exercising judicial or quasi judicial powers must seek to have such errors corrected by appeal or review, rather than by private action against the person who makes the erroneous rulings or orders. 8. Principal and surety. The liability of the surety cannot exceed that of his principal.

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