State ex rel. Deeney v. Butte Electric & Power Co.
Montana Supreme Court
’Appeal from District Court, Silver Bow County; Jeremiah J. Lynch, Judge. Mandamus by the state, on the relation of William Deeney, against the Butte Electric and Power Company. Judgment for relator, and respondent appeals. A writ of mandate is an extraordinary writ, never had for the mere asking, never granted in doubtful cases, never granted before the right thereto is clearly shown, and then only when tempered by a wise discretion of the court.
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’Appeal from District Court, Silver Bow County; Jeremiah J. Lynch, Judge. Mandamus by the state, on the relation of William Deeney, against the Butte Electric and Power Company. Judgment for relator, and respondent appeals. A writ of mandate is an extraordinary writ, never had for the mere asking, never granted in doubtful cases, never granted before the right thereto is clearly shown, and then only when tempered by a wise discretion of the court. To treat the writ otherwise would soon destroy its efficiency as a distinct portion of our jurisprudence. (State ex rel. Beach v. District Court,…
1Opinion of the CourtChief Justice Brantly
The purpose of this application was to compel the defendant to furnish to the relator electricity to light his residence in the city of Butte. In his affidavit the relator alleges that he is a resident of that city, and defendant is a corporation organized and existing under the laws of the state of New Jersey, and authorized to do business in the state of Montana; that it is and *121has been engaged in furnishing electricity to the city of Butte and its inhabitants under a franchise granted to its predecessor in interest by ordinance duly enacted by the city council on July 27, 1883; that, under…
2Cases cited11 opinions
- American Water-Works Co. v. State ex rel. WalkerNebraska Supreme Court · 1895
- Shepard v. Milwaukee Gas Light Co.Wisconsin Supreme Court · 1858
- Haugen v. Albina Light & Water Co.Oregon Supreme Court · 1891
- State ex rel. Webster v. Nebraska Telephone Co.Nebraska Supreme Court · 1885
- Williams v. Mutual Gas Co.Michigan Supreme Court · 1884
6 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Hicks v. City of Monroe Utilities CommissionSupreme Court of Louisiana · 1959
- Montana-Dakota Utilities Co. v. City of BillingsMontana Supreme Court · 2003
- Garner v. City of AuroraNebraska Supreme Court · 1948
- Thomas v. Mississippi Power & Light Co.Mississippi Supreme Court · 1934
- Hawkins v. Vermont Hydro-Electric Corp.Supreme Court of Vermont · 1924
2 more not listed; retrieve them via the Exa API.