Legal Opinion

State ex rel. Hay v. Hindson

Montana Supreme Court

Decided January 21, 1910No. 2,790PublishedCited by 18 opinions

Appeal from District Court, Lewis and Clark County; J.. M. Clements, Judge. Mandamus by the state, on the relation of Henry Hay, Jr.r against J. J. Hindson and others, county commissioners of Lewis and Clark county, to compel the allowance and payment of a claim of relator. From a judgment awarding a peremptory-writ, defendants appeal. Cause submitted oh briefs of counsel.

1Opinion of the CourtJustice Holloway

During 1909 Lewis & Clark county was a county of' the third class, and relator, Hay, was a deputy sheriff who acted as jailer. ' For his services rendered during the month of June,, 1909,. the-*355relator was paid only $90, and he thereupon filed with the county auditor his verified claim for $35, contending that he was entitled to receive a salary of $125 per month. The claim was passed upon and approved by the auditor, but was disallowed by the board of county commissioners, upon the theory that the maximum compensation of relator was $90 per month. An application was made to the district court…

2Cases cited10 opinions

  1. Riggs v. . PalmerNew York Court of Appeals · 1889
  2. Winslow v. . MortonSupreme Court of North Carolina · 1896
  3. State ex rel. Aachen & Munich Fire Insurance v. RotwittMontana Supreme Court · 1895
  4. Lewis v. Town of BrandenburgCourt of Appeals of Kentucky · 1898
  5. United States v. 196 Buffalo RobesMontana Supreme Court · 1872

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3Cited by18 opinions

  1. State Ex Rel. Gebhardt v. Superior CourtWashington Supreme Court · 1942
  2. Continental Supply Co. v. AbellMontana Supreme Court · 1933
  3. State ex rel. Stuewe v. HindsonMontana Supreme Court · 1912
  4. Gow v. MauryMontana Supreme Court · 1923
  5. State ex rel. Esgar v. District CourtMontana Supreme Court · 1919

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