Legal Opinion

State ex rel. Eaves v. Rickards

Montana Supreme Court

Decided May 6, 1895PublishedCited by 20 opinions

Mandamus to compel state furnishing board to award a contract for printing codes to a particular bidder. Statement of the case by the justice delivering the opinion. The matter before us is a decision upon the return of an alternative writ of mandamus.

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Mandamus to compel state furnishing board to award a contract for printing codes to a particular bidder. Statement of the case by the justice delivering the opinion. The matter before us is a decision upon the return of an alternative writ of mandamus. The respondents, constituting the state furnishing board, let a contract to the Inter-Mountain Publishing Company for printing, annotating and binding the Codes which were adopted at the fourth session of the legislative assembly. The act of the legislature, approved March 7, 1895, as to’ the printing of the Codes, provided, among other things:…

1Opinion of the CourtDe Witt, J.

As we have viewed the case from its inception, there seem to be only two main propositions for the decision of this court: (1) Had the state furnishing board, in awarding this contract, discretionary powers? This is the question of law in the case. (2) If the first proposition be answered in the affirmative, did the board wisely exercise such discretion, or did they, as alleged by the relators, exercise it “wrongfully, arbitrarily, and in disregard of duty”?

We will first address our attention to the question of law. It is true that the relators were the lowest bidders for this contract, and…

2Cases cited16 opinions

  1. Wood v. StrotherCalifornia Supreme Court · 1888
  2. People v. Superior CourtNew York Supreme Court · 1833
  3. People ex rel. Putnam v. Commissioners of Buffalo CountyNebraska Supreme Court · 1875
  4. People Ex Rel. Belden v. Contracting BoardNew York Court of Appeals · 1863
  5. State ex rel. Adamson v. Lafayette County CourtSupreme Court of Missouri · 1867

11 more not listed; retrieve them via the Exa API.

3Cited by20 opinions

  1. State ex rel. Robert Mitchell Furniture Co. v. TooleMontana Supreme Court · 1901
  2. Williams v. City of TopekaSupreme Court of Kansas · 1911
  3. State ex rel. State Publishing Co. v. SmithMontana Supreme Court · 1899
  4. Hanson v. MosserOregon Supreme Court · 1967
  5. State ex. rel. Dakota Trust Co. v. StutsmanNorth Dakota Supreme Court · 1912

15 more not listed; retrieve them via the Exa API.

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