State ex rel. Rotwitt v. Hickman
Montana Supreme Court
Original proceeding. Application for Avrifc of mandamus. Relator seeks a mandate requiring the State treasurer to pay a warrant drawn in favor of relator for services as secretary of State. It is admitted that there is sufficient money in the treasury to pay this warrant, but respondent, as an excuse for his refusal to pay, claims there is no appropriation by the legis-ture with which to pay.
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Original proceeding. Application for Avrifc of mandamus. Relator seeks a mandate requiring the State treasurer to pay a warrant drawn in favor of relator for services as secretary of State. It is admitted that there is sufficient money in the treasury to pay this warrant, but respondent, as an excuse for his refusal to pay, claims there is no appropriation by the legis-ture with which to pay. Article vii., section 4 of the Constitution, fixes relator’s salary, and provides that he shall receive the same as due, etc. Article v., section 34, provides: “No money shall be paid out of the treasury…
1Opinion of the CourtBlake, C. J.
This is an application to the court for a writ of mandate to be issued to Richard O. Hickman, as the State treasurer of the State of Montana, commanding him to pay forthwith, out of such moneys as may be in the treasury of the State, and not otherwise appropriated, a certain warrant herein- ' after described. It appears from the affidavit on the application of Louis Rotwitt, the party beneficially interested, and is admitted by the respondent, that Rotwitt is the duly elected, qualified, and acting secretary of the State of Montana. That he entered upon the discharge of his duties upon the…
2Cases cited9 opinions
- Gunn v. BarrySupreme Court of the United States · 1873
- Thomas v. OwensCourt of Appeals of Maryland · 1853
- White v. HartSupreme Court of the United States · 1872
- Myers v. EnglishCalifornia Supreme Court · 1858
- Railroad Co. v. McClureSupreme Court of the United States · 1871
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3Cited by34 opinions
- State ex rel. Hawes v. MasonSupreme Court of Missouri · 1899
- State ex rel. Trent v. SimsWest Virginia Supreme Court · 1953
- Pickle v. FinleyTexas Supreme Court · 1898
- State ex rel. Bonner v. DixonMontana Supreme Court · 1921
- Menefee, State Treas. v. AskewSupreme Court of Oklahoma · 1910
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