Legal Opinion

State ex rel. Stringfellow v. Board of Commissioners

Montana Supreme Court

Decided October 13, 1910No. 2,917PublishedCited by 10 opinions

Original application for writ of mandate, by the state of Montana, on the relation of H. W. Stringfellow, against tbe Board of County Commissioners of Chouteau County. In the petition presented to the board of county commissioners it is recited that the signers to the petition are taxpayers and voters of Chouteau county.

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Original application for writ of mandate, by the state of Montana, on the relation of H. W. Stringfellow, against tbe Board of County Commissioners of Chouteau County. In the petition presented to the board of county commissioners it is recited that the signers to the petition are taxpayers and voters of Chouteau county. This petition is verified and sworn to; so that when it, thus sworn to, was presented to the board, a prima facie case was made out in behalf of the petitioners. (Wilson v. Bartlett, 7 Idaho, 269, 62 Pac. 416; Mann v. Mercer County Court, 58 W. Ya. 651, 52 S. E. 776.) The…

1Opinion of the CourtJustice Smith

This is an original proceeding for a writ of mandate to compel the board of county commissioners of Chouteau county to submit to the electors the question of the removal of the county seat from Fort Benton to Havre at the next general election.

The affidavit of the relator reads as follows:

“II. W. Stringfellow, being first duly sworn according to law, deposes and says: ‘That he is the relator above named, and is a resident of Havre, county of Chouteau, state of Montana, and is an ad valorem taxpayer of said county, and has been such resident and ad valorem taxpayer for more than two years last…

2Cases cited4 opinions

  1. Hickman v. City of KansasSupreme Court of Missouri · 1894
  2. Washingtonian Home v. City of ChicagoIllinois Supreme Court · 1895
  3. Alexander v. People ex rel. SchoolfieldSupreme Court of Colorado · 1883
  4. American Union Telegraph Co. v. Western Union Telegraph Co.Supreme Court of Alabama · 1880

3Cited by10 opinions

  1. State Ex Rel. Palagi v. ReganMontana Supreme Court · 1942
  2. State ex rel. Arthurs v. Board of County CommissionersMontana Supreme Court · 1911
  3. State Ex Rel. School District No. 29 v. CooneyMontana Supreme Court · 1936
  4. State ex rel. Lang v. FurnishMontana Supreme Court · 1913
  5. State ex rel. Koefod v. Board of County CommissionersMontana Supreme Court · 1919

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