State ex rel. State Publishing Co. v. Hogan
Montana Supreme Court
Application for mandamus by the State, on the relation of the State Publishing Company, against Thomas S. Hogan, Secretary of State. Statement of the case by the Court.
Read the full summary
Application for mandamus by the State, on the relation of the State Publishing Company, against Thomas S. Hogan, Secretary of State. Statement of the case by the Court. W. J. MacHaffie, as Secretary and General Manager of the State Publishing Company, applied to this Court for a writ of mandate requiring Thomas S. Hogan, Secretary of State of the State of Montana, to deliver to the State Publishing Company copies of the laws and resolutions, with marginal notes, of the Sixth Legislative Assembly, to the end that the same might be printed by the said company, or that the said Hogan, secretary…
1Per curiam
1. Relator’s counsel argues that the motion to quash the alternative writ is not a proper way to test the sufficiency of the affidavit. We hold otherwise. If the .affidavit fails to state the facts necessary to justify the issuance of an alternative writ of mandate, of course it ought not to be issued at all. But applications are usually ex parte, and in the limited time generally taken by a court to examine into the question of the sufficiency or insufficiency of the affidavit when application is made, and with no pleading or argument before it testing the sufficiency of the allegations, if…
2Cases cited6 opinions
- State ex rel. Cothren v. LeanWisconsin Supreme Court · 1859
- Fisher v. City of CharlestonWest Virginia Supreme Court · 1881
- State v. County CourtWest Virginia Supreme Court · 1890
- Gill v. State ex rel. BoardIndiana Supreme Court · 1880
- Territory ex rel. Tanner v. PottsMontana Supreme Court · 1879
1 more not listed; retrieve them via the Exa API.
3Cited by19 opinions
- State ex rel. Whiteside v. First Judicial District CourtMontana Supreme Court · 1900
- State Ex Rel. Dufresne v. LeslieMontana Supreme Court · 1935
- State ex rel. Stuewe v. HindsonMontana Supreme Court · 1912
- Ellison v. OliverSupreme Court of Arkansas · 1921
- State ex rel. Robert Mitchell Furniture Co. v. TooleMontana Supreme Court · 1901
14 more not listed; retrieve them via the Exa API.