Legal Opinion

Hefferlin v. Chambers

Montana Supreme Court

Decided July 8, 1895PublishedCited by 9 opinions

Appeal from Sixth Judicial District, Parh County. Injunction to restrain county commissioners from carrying out a contract. Judgment was rendered for tbe plaintiff below by Henry, J. Statement of the case by the justice delivering the opinion.

Read the full summary

Appeal from Sixth Judicial District, Parh County. Injunction to restrain county commissioners from carrying out a contract. Judgment was rendered for tbe plaintiff below by Henry, J. Statement of the case by the justice delivering the opinion. This action was brought by the respondent, a taxpayer of Park county, to restrain the defendants, the board of county commissioners of Park county, and H. J. Wolcott, from carrying out a contract entered into between the commissioners and said Wolcott, for the erection by the latter of a court house. The case was tried upon an agreed statement of facts.…

1Opinion of the CourtDe Witt, J.

There is no question, in our mind, but the district court was right in its judgment. In fact, the proposition seems to be so simple that little remains to be said, beyond its statement. The constitution prohibits the incurring of an indebtedness or liability exceeding $10,000, for a single purpose, without obtaining the approval of the electors at an election held for that purpose. It cannot be questioned but the commissioners in this case are undertaking to incur an indebtedness exceeding $10,000 without the approval of the electors.

The only suggestion made against, this view is that the…

2Cited by9 opinions

  1. Herrin v. EricksonMontana Supreme Court · 1931
  2. Morse v. Granite CountyMontana Supreme Court · 1911
  3. Reid v. Lincoln CountyMontana Supreme Court · 1912
  4. Bennett v. Petroleum CountyMontana Supreme Court · 1930
  5. Jenkins v. NewmanMontana Supreme Court · 1909

4 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API