State ex rel. Fadness v. Eie
Montana Supreme Court
Appeal from District Court, Sheridan County; F. N. Utter, Judge. Mandamus by the State on the relation of Andrew Fadness against P. J. Eie, F. A. Weinrieh and J. C. Timmons, Commissioners of Sheridan County, Montana. From a judgment for defendants on demurrer and motion to quash, relator appeals.
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Appeal from District Court, Sheridan County; F. N. Utter, Judge. Mandamus by the State on the relation of Andrew Fadness against P. J. Eie, F. A. Weinrieh and J. C. Timmons, Commissioners of Sheridan County, Montana. From a judgment for defendants on demurrer and motion to quash, relator appeals. As against a general demurrer and motion to quash, the facts alleged in the affidavit for the writ of mandate will, for the purposes of an appeal from an order dismissing the proceedings, be taken as true. (State ex rel. Arthurs v. Board of County Commrs., 44 Mont. 51, 118 Pae. 804.) On the facts set…
1Opinion of the CourtChief Justice Beantly
Application for mandamus. The affidavit in support of the application, stripped of immaterial matters, discloses these facts:
On July 10, 1916, a petition was filed with the clerk of Sheridan county, addressed to the board of commissioners, asking that an election be ordered by the board to letermine whether or not intoxicating liquors should be sold within the county. The board convened on July 20 to consider the petition. Between that date and July 22, and while the board had the petition under consideration, a supplemental or additional petition was presented. This the board received and…
2Cases cited8 opinions
- State ex rel. Arthurs v. Board of County CommissionersMontana Supreme Court · 1911
- State ex rel. Lang v. FurnishMontana Supreme Court · 1913
- State ex rel. Furnish v. MullendoreMontana Supreme Court · 1916
- State ex rel. Stringfellow v. Board of CommissionersMontana Supreme Court · 1910
- Horton v. BottsCourt of Appeals of Kentucky · 1914
3 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- State Ex Rel. Henderson v. Dawson CountyMontana Supreme Court · 1930
- Mosher v. City of PhoenixArizona Supreme Court · 1923
- Ford v. MitchellMontana Supreme Court · 1936
- Davidson v. LoveMontana Supreme Court · 1953
- State Ex Rel. School District No. 8 v. LensmanMontana Supreme Court · 1939
6 more not listed; retrieve them via the Exa API.