Langford v. King
Montana Supreme Court
Appeal from the District Court of the Third District, Lewis and Clarice County. Langford applied to the district court of the third district on August 5, 1868, for a writ of mandate to require King, as county treasurer of Lewis and Clarke county, to accept a territorial warrant in payment of taxes due from Langford.
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Appeal from the District Court of the Third District, Lewis and Clarice County. Langford applied to the district court of the third district on August 5, 1868, for a writ of mandate to require King, as county treasurer of Lewis and Clarke county, to accept a territorial warrant in payment of taxes due from Langford. The warrant was duly drawn and issued in fayor of Green 0. Smith, and presented for payment on July 17, 1867. Smith sold the warrant for a valuable consideration to Langford, who tendered it, in part payment of his taxes, to King on July 11, 1868. King refused to receive the…
1Opinion of the CourtKnowles, J.
This cause comes to this court on appeal from a judgment awarding the respondent a peremptory writ of mandamus, commanding the appellant to take in payment of the Territory’s proportion of a license, territorial warrant No. 458, for $10, issued July 2, 1867, to Green C. Smith.
On the 2d day of July, 1867, the following statutes of this Territory were in full force, viz.: Sections 2 and 5 of “An act to provide for the expenses of Montana Territory.” They read as follows:
“§ 2. That the treasurer shall pay, out of any funds in his hands applicable to such use, the amount stated as due in the…
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