Legal Opinion

State ex rel. Dolin v. Major

Montana Supreme Court

Decided June 25, 1920No. 4,609PublishedCited by 8 opinions

Appeal from District Court of Sheridan County; C. E. Comer, Judige. Mandamus by the state on tbe relation of Jos. F. Dolin to compel A. A. Major, Clerk of Sheridan County, to issue a warrant in payment of a claim against said county. From a judgment in favor of defendant, relator appeals. The construction of • section 3106, Revised Codes, seems primarily ■ to turn on the meaning with which the word “audit” is used in the first sentence of the statute.

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Appeal from District Court of Sheridan County; C. E. Comer, Judige. Mandamus by the state on tbe relation of Jos. F. Dolin to compel A. A. Major, Clerk of Sheridan County, to issue a warrant in payment of a claim against said county. From a judgment in favor of defendant, relator appeals. The construction of • section 3106, Revised Codes, seems primarily ■ to turn on the meaning with which the word “audit” is used in the first sentence of the statute. The word “audit” is frequently restricted to a mere mathematical process to determine whether items of an account are correctly computed, and…

1Opinion of the CourtChief Justice Bbantly

On November 29, 1919, the relator (plaintiff) presented to B. K. O’Grady, the auditor of Sheridan county, for her ap*146proval, a claim for printing done by relator for the county, properly itemized and verified as provided by the statute. (Rev. Codes, sec.'2945.) On December 2, the auditor approved the elaim in part but disapproved it as to the remainder, and reported it to the board of county commissioners with the indorsement of her action thereon. At its regular session on January 6, 1920, after considering the claim, the board disregarded the action of the ■ auditor disapproving a portion of…

2Cases cited4 opinions

  1. Directors of Insane Asylum v. WolflyArizona Supreme Court · 1889
  2. Powder River Cattle Co. v. Commissioners of Custer CountyMontana Supreme Court · 1889
  3. Greeley v. Cascade CountyMontana Supreme Court · 1899
  4. First National Bank v. Custer CountyMontana Supreme Court · 1888

3Cited by8 opinions

  1. Combs v. HuntCourt of Appeals of Virginia · 1924
  2. Application of O'SullivanMontana Supreme Court · 1945
  3. State ex rel. Lockwood v. TylerMontana Supreme Court · 1922
  4. Good Roads MacHinery Co. v. Broadwater CountyMontana Supreme Court · 1933
  5. Carbon County v. DraperMontana Supreme Court · 1929

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