State ex rel. Palmer v. Hickman
Montana Supreme Court
Original proceeding. Application for a writ of mandate* On motion to strike from the answer. The question for the consideration of the court is, whether State warrants, duly issued by the proper authorities, and presented to the State treasurer, and not paid for want of funds, draw interest; and if they do draw interest, whether that interest is payable out of any funds in the State treasury, without a specific appropriation being made therefor.
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Original proceeding. Application for a writ of mandate* On motion to strike from the answer. The question for the consideration of the court is, whether State warrants, duly issued by the proper authorities, and presented to the State treasurer, and not paid for want of funds, draw interest; and if they do draw interest, whether that interest is payable out of any funds in the State treasury, without a specific appropriation being made therefor. It is expressly provided by the Constitution (§ 34, art. v.) that interest on the public debt may be paid out of the treasury without specific…
1Opinion of the CourtBlake, C. J.
The affidavit of the applicant for this writ of mandate says that an act was passed March 7, 1891, by the legislative assembly of the State, which appropriated the sum of $44,648.19, out of all moneys in the treasury not otherwise appropriated, for the relief of persons named therein. That there was appropriated thereby for the Journal Publishing Company the sum of $7,909.93 for its claim for services. That the State auditor drew, March 28, 1891, the following warrant on the State treasurer, under said act: —
“State oe Montana.
“$7,909.93. Helena, Mont., Mch. 28, ’91.
“ State Warrant. The…
2Cases cited7 opinions
- Lake County v. RollinsSupreme Court of the United States · 1889
- Law v. People ex rel. HuckIllinois Supreme Court · 1877
- People ex rel. Seeley v. MaySupreme Court of Colorado · 1885
- Dunsmoor v. FurstenfeldtCalifornia Supreme Court · 1891
- People ex rel. Attorney Gen. v. JohnsonCalifornia Supreme Court · 1856
2 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- State Ex Rel. Toomey v. State Board of ExaminersMontana Supreme Court · 1925
- State ex rel. Kellogg v. District Court of First Judicial DistrictMontana Supreme Court · 1893
- State ex rel. Galles v. Board of County CommissionersMontana Supreme Court · 1919