State Ex Rel. State Highway Commission v. District Court

HONORABLE RUDOLPH NELSTEAD, District Judge,

called in to sit in place of Mr. Chief Justice Sands because of the latter’s illness, delivered the opinion of the court.

On May 23, 1938, R. M. Mills, a resident and taxpayer of Lewis and Clark county, filed his complaint in the district court of that county for an order directed to the State Highway Commission and the members thereof, requiring them to show cause why an injunction should not issue restraining the commission from accepting bids and entering into a contract for the construction of a portion of Route No. 24, running from Glendive in…