State ex rel. Gerry v. Edwards
Montana Supreme Court
Appeal from District Cotirt, Lewis and Clark Coxmty; J. Miller Smith, Judge. Mandamus by tbe state, on tbe relation of M. H. Gerry, Jr., member of the board of park commissioners of the city of Helena, against Frank J. Edwards, as mayor of the city, and others as members of the city council, to compel a levy of taxes. From a judgment dismissing the proceedings, relator appeals.
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Appeal from District Cotirt, Lewis and Clark Coxmty; J. Miller Smith, Judge. Mandamus by tbe state, on tbe relation of M. H. Gerry, Jr., member of the board of park commissioners of the city of Helena, against Frank J. Edwards, as mayor of the city, and others as members of the city council, to compel a levy of taxes. From a judgment dismissing the proceedings, relator appeals. The rules for the construction of the Constitution of the state of Montana have been clearly set forth by this court in the case of State v. Camp Sing, 18 Mont. 128, 56 Am. St. Rep. 551, 44 Pac. 516, 32 L. R. A. 635,…
1Opinion of the Court
SIR. JUSTICE HOLLOWAY
delivered the opinion of the court.
On September 29, 1910, the board of park commissioners of the city of Helena, through M. H. Gerry, Jr., one of its members, presented to the district court of Lewis and Clark county an affidavit, in which it is recited that the persons named are the duly appointed, qualified, and acting members of the board and, together with the mayor of the city of Helena, constitute such board; that pursuant to the provisions of section 3319, Revised Codes, the board met in regular session and made an estimate of the amount of money which will be…
2Cases cited30 opinions
- People ex rel. Le Roy v. HurlbutMichigan Supreme Court · 1871
- Brown v. City of GalvestonTexas Supreme Court · 1903
- People ex rel. Board of Park Commissioners v. Common CouncilMichigan Supreme Court · 1873
- State ex rel. Attorney-General v. CovingtonOhio Supreme Court · 1876
- Philadelphia v. FoxSupreme Court of Pennsylvania · 1870
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3Cited by19 opinions
- State Ex Rel. City of Missoula v. HolmesMontana Supreme Court · 1935
- Hersey v. NeilsonMontana Supreme Court · 1913
- State ex rel. Corry v. CooneyMontana Supreme Court · 1924
- Campbell County v. City of NewportCourt of Appeals of Kentucky · 1917
- State Ex Rel. Great Falls Housing Authority v. City of Great FallsMontana Supreme Court · 1940
14 more not listed; retrieve them via the Exa API.