Fisk v. Cuthbert
Montana Supreme Court
Appeal from Third District, Lewis and Clarice County. The writ of mandamus was issued by Wade, J. The complaint is fatally defective. It does not allege that appellant refused to audit the account of respondents, or that any demand was made that he should do so. The auditor is not the auditor of his own account. He cannot issue a warrant unless he is expressly authorized by law. Cod. Sts. 381, §§ 1, 5 ; 478, §§ 9,10. Appellant had no power to audit or issue the warrant.
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Appeal from Third District, Lewis and Clarice County. The writ of mandamus was issued by Wade, J. The complaint is fatally defective. It does not allege that appellant refused to audit the account of respondents, or that any demand was made that he should do so. The auditor is not the auditor of his own account. He cannot issue a warrant unless he is expressly authorized by law. Cod. Sts. 381, §§ 1, 5 ; 478, §§ 9,10. Appellant had no power to audit or issue the warrant. Respondents’ account was a contingent charge, and appellant could issue no warrant until some proper officer or tribunal…
1Opinion of the CourtBlare, J.
This is an appeal by the Territorial auditor from the judgment of the court below, granting the application of the respondents for a peremptory writ of mandate, and commanding him to issue a warrant upon the Territorial treasurer for the amount of their account for printing a pamphlet containing a list of brands and marks. The facts stated in the application are not denied in the answer of the appellant. It appears that the general or Territorial recorder of the brands and marks entered into a contract in September, 1875, with the respondents, by which they printed 175 copies of the pamphlet…
2Cases cited10 opinions
- Stratton v. GreenCalifornia Supreme Court · 1872
- Scanlan v. ChildsWisconsin Supreme Court · 1873
- Campbell v. County of PolkSupreme Court of Iowa · 1856
- Clarke v. HuberCalifornia Supreme Court · 1864
- Tevis v. HicksCalifornia Supreme Court · 1871
5 more not listed; retrieve them via the Exa API.
3Cited by15 opinions
- Hollister v. StateIdaho Supreme Court · 1903
- Mills v. StewartMontana Supreme Court · 1926
- State ex rel. Robert Mitchell Furniture Co. v. TooleMontana Supreme Court · 1901
- Bower v. TebbsMontana Supreme Court · 1957
- Heiser v. SeveryMontana Supreme Court · 1945
10 more not listed; retrieve them via the Exa API.