State ex rel. Thompson v. Kenney
Montana Supreme Court
Original proceeding. Application for writ of mandamus. The right to mandamus in the case presented is unquestioned. (Fowler v. Peirce, 2 Cal. 165; State v. Weston, 4 Neb. 216; Thomas v. Owens, 4 Md. 190.) If relator is entitled to compensation for services as claimed, the amount is fixed by law, and the auditor does not exercise judicial functions in auditing it. (Comp.
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Original proceeding. Application for writ of mandamus. The right to mandamus in the case presented is unquestioned. (Fowler v. Peirce, 2 Cal. 165; State v. Weston, 4 Neb. 216; Thomas v. Owens, 4 Md. 190.) If relator is entitled to compensation for services as claimed, the amount is fixed by law, and the auditor does not exercise judicial functions in auditing it. (Comp. Laws, p. 625, § 121; Fowler v. Peirce, supra; Const, art. v. § 5.) The constitutional convention was authorized by act of Congress, approved February 22, 1890, “to form State governments.” (Sess. Laws, 16th Sess. § 4, p. 64.)…
1Opinion of the CourtHarwood, J.
This action was commenced in this court on the seventeenth day of January, A. D. 1890, by filing the relator’s affidavit, upon which he prayed for the issuance of a writ of mandate directed to Edwin A. Kenney, auditor of the State of Montana, commanding him to forthwith audit and settle and issue relator a certificate for a certain alleged claim in favor of relator against the State of Montana in the sum of three hundred and thirty-nine dollars, for mileage and per diem for attendance as a member of the House of Representatives of the legislative assembly of the State of Montana.
The affidavit…
Also in this document: Concurrence.
2Cases cited9 opinions
- Hadley v. . MayorNew York Court of Appeals · 1865
- Swinburn v. SmithWest Virginia Supreme Court · 1879
- State ex rel. Atherton v. SherwoodSupreme Court of Minnesota · 1870
- Crowell v. LambertSupreme Court of Minnesota · 1865
- People ex rel. Benoit v. MillerMichigan Supreme Court · 1867
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3Cited by12 opinions
- State ex rel. Ford v. CuttsMontana Supreme Court · 1917
- State ex rel. Pigott v. BentonMontana Supreme Court · 1893
- State ex rel. Boulware v. PorterMontana Supreme Court · 1919
- State ex rel. Leech v. Board of CanvassersMontana Supreme Court · 1892
- State v. HickeySupreme Court of Missouri · 1972
7 more not listed; retrieve them via the Exa API.