State ex rel. Galen v. District Court
Montana Supreme Court
Original application by the attorney general, on behalf of the state, for a writ of prohibition commanding the district court for Sanders county and the Honorable Henry L. Myers, a judge thereof, to desist from exercising further jurisdiction in an action entitled Steele et al. v. State of Montana et al., looldng to the condemnation of school lands for electric power purposes.
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Original application by the attorney general, on behalf of the state, for a writ of prohibition commanding the district court for Sanders county and the Honorable Henry L. Myers, a judge thereof, to desist from exercising further jurisdiction in an action entitled Steele et al. v. State of Montana et al., looldng to the condemnation of school lands for electric power purposes. Authority to condemn property for a public use must clearly be expressed in the law before such right will be allowed. {Seattle and Montana By. Co. v. State, 7 Wash. 150, 38 Am. St. Bep. 866, 34 Pac. 551, 22 L. B. A.…
1Opinion of the CourtJustice Smith
In April, 1910, an action was begun in the district court of Sanders county by one Steele and others against the state of Montana and others, for the purpose of condemning certain lands belonging to the defendants, by the exercise of the power of eminent domain. The state interposed a demurrer to the complaint, on the grounds that the court had no jurisdiction of the person of that defendant or of the subject of the action; and that the complaint did not state facts sufficient to constitute a cause of action. The district court overruled the demurrer, whereupon the state, through the attorney…
2Cases cited8 opinions
- Hollister v. StateIdaho Supreme Court · 1903
- State ex rel Board of University v. McMillanNorth Dakota Supreme Court · 1903
- State ex rel. Bickford v. CookMontana Supreme Court · 1896
- State ex rel. Koch v. BarretMontana Supreme Court · 1901
- State ex rel. Dildine v. CollinsMontana Supreme Court · 1898
3 more not listed; retrieve them via the Exa API.
3Cited by20 opinions
- State v. University of AlaskaAlaska Supreme Court · 1981
- Department of State Lands v. PettiboneMontana Supreme Court · 1985
- Gladden Farms, Inc. v. StateArizona Supreme Court · 1981
- Newton v. WeilerMontana Supreme Court · 1930
- Leuthold v. BrandjordMontana Supreme Court · 1935
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