(Download) "State v. Hansen" by Supreme Court of Wyoming * Book PDF Kindle ePub Free
eBook details
- Title: State v. Hansen
- Author : Supreme Court of Wyoming
- Release Date : January 12, 1965
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 54 KB
Description
On May 15, 1962, plaintiff George O. Pearson, having been appointed by Acting Governor Jack R. Gage, became the duly qualified Adjutant General of the Wyoming National Guard and continued to hold and occupy such office until November 25, 1964. On that date Governor Clifford P. Hansen, successor to Acting Governor Gage, undertook to remove plaintiff from the office of Adjutant General for cause and to assign to defendant Roy E. Cooper, a Brigadier General in the guard, the additional duties of Acting Adjutant General. In keeping with the Governors command, defendant Cooper issued an order, stating in substance that he had assumed the duties assigned and that plaintiff had been relieved. Claiming that the action taken by the Governor and by defendant Cooper was wrongful, plaintiff invoked the original jurisdiction of this court by the filing of a complaint, seeking redress for the claimed deprivation of his rights to the office. The action, of course, involves important public officials of this State, and while the Attorney General, representing the defendants, made a direct attack upon the sufficiency of the complaint to state a claim, no direct attack has been made upon the propriety of commencing the action here pursuant to Art. 5, § 3 of the Wyoming Constitution, Rule 8(a), - Page 956 Wyoming Rules of Civil Procedure, and Rule 16 of this court. In the meantime the pleadings have been supplemented in keeping with Rule 56, W.R.C.P., and both parties have moved for summary judgment. Accordingly, we proceed to a determination of the questions necessary to be considered for disposition of the case.