State ex rel. Lambert v. Coad
Montana Supreme Court
Appeal from District Court, Broadwater County/ F. II. Armstrong, Judge. Application for a writ of mandamus by George Lambert against B. S. Coad, as clerk and recorder of Broadwater county. From a judgment granting a peremptory writ, respondent appealed. Statement oe the Case.
Read the full summary
Appeal from District Court, Broadwater County/ F. II. Armstrong, Judge. Application for a writ of mandamus by George Lambert against B. S. Coad, as clerk and recorder of Broadwater county. From a judgment granting a peremptory writ, respondent appealed. Statement oe the Case. Application for a writ of mandamus to compel the defendant, as clerk and recorder of Broadwater county, to permit relator to have access to the public records of said county for the purpose of indexing the same. The material allegations of the affidavit are: That relator is engaged in the business and work, as…
1Opinion of the CourtChief Justice Brantly
the court.
1. Counsel for appellant seriously urge in their brief that the motion to quash the writ should have been sustained on the first ground laid therein. They insist that the conclusion *135reached by this court in State ex rel. Leech v. Board of Canvassers of Choteau Co., 13 Mont. 23, 31 Pac. 879, that an alternative writ of mandate may be issued by any one of the justices of the supreme court, is not now controlling for the reason that the Code of 1895 (Code of Civil Procedure, .section 1961) expressly provides that two justices shall concur in issuing this kind of writ. This contention,…
2Cases cited13 opinions
- McDonald v. Mayor of New YorkNew York Court of Appeals · 1876
- Brady v. . the Mayor, C., of the City of New YorkNew York Court of Appeals · 1859
- Dement v. RokkerIllinois Supreme Court · 1888
- People Ex Rel. Coughlin v. . GleasonNew York Court of Appeals · 1890
- Dickinson v. . City of PoughkeepsieNew York Court of Appeals · 1878
8 more not listed; retrieve them via the Exa API.
3Cited by22 opinions
- Hersey v. NeilsonMontana Supreme Court · 1913
- State ex rel. Robert Mitchell Furniture Co. v. TooleMontana Supreme Court · 1901
- Hames v. City of PolsonMontana Supreme Court · 1950
- Morse v. Granite CountyMontana Supreme Court · 1911
- State Ex Rel. School District No. 4 v. McGrawMontana Supreme Court · 1925
17 more not listed; retrieve them via the Exa API.