State Ex Rel. Haley v. Dilworth

delivered tbe opinion of tbe court.

This is an appeal from a judgment in favor of respondent upon tbe relator’s application for a writ of mandate to require ber to make payment of two warrants issued and delivered to him by tbe Red Lodge-Rosebud irrigation district.

Tbe cause was heretofore before this court (State ex rel. Haley v. Dilworth, 76 Mont. 218, 246 Pac. 167), upon an appeal from a judgment rendered on the pleadings. On that appeal it was decided, contrary to the ruling of the district court, that the respondent’s answer to relator’s petition for a writ of mandate stated facts…