State ex rel. State Publishing Co. v. Smith
Montana Supreme Court
Application by the state, on the relation of the State Publishing Company, against Robert B. Smith, governor, and Timothy E. Collins, treasurer, for mandamus to compel them to approve a contract for the state printing claimed to have been awarded to relator by the State Board of Examiners. Statement of the Case.
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Application by the state, on the relation of the State Publishing Company, against Robert B. Smith, governor, and Timothy E. Collins, treasurer, for mandamus to compel them to approve a contract for the state printing claimed to have been awarded to relator by the State Board of Examiners. Statement of the Case. This is an application by the State Publishing Company for a writ of mandate to require Robert B. Smith and Timothy E. Collins, as governor and treasurer, respectively, of the State of Montana, to approve a contract for the printing, binding, and distribution of the laws, journals,…
1Opinion of the CourtChief Justice Brantly
The contract referred to in the affidavit was before this court for consideration in State ex rel. State Publishing Co. v. Hogan, 22 Mont. 384, 56 Pac. 818, decided on March 31st of this year. It was there held, under Section *4830, Article Y, of the Constitution, that it is indispensable to the validity of such a contract that it be approved by the governor and state treasurer. The contention is now made by the relator that the duty of approval on the part of the governor and treasurer is purely a ministerial one, and we are asked to enforce the performance of it by mandamus. On the other hand,…
2Cases cited10 opinions
- Marbury v. MadisonSupreme Court of the United States · 1803
- Mississippi v. JohnsonSupreme Court of the United States · 1867
- People ex rel. Sutherland v. GovernorMichigan Supreme Court · 1874
- People Ex Rel. Broderick v. . MortonNew York Court of Appeals · 1898
- Chumasero v. PottsMontana Supreme Court · 1875
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3Cited by30 opinions
- State ex rel. Schneider v. CunninghamMontana Supreme Court · 1909
- Fulmer v. Board of Railroad CommissionersMontana Supreme Court · 1934
- State ex rel. Robert Mitchell Furniture Co. v. TooleMontana Supreme Court · 1901
- Fuller v. Board of University & School LandsNorth Dakota Supreme Court · 1911
- Rhodes v. Industrial CommissionIdaho Supreme Court · 1993
25 more not listed; retrieve them via the Exa API.