Legal Opinion

Chumasero v. Potts

Montana Supreme Court

Decided January 15, 1875PublishedCited by 49 opinions

Four applications for the writ of mandate were heard and determined at this term, which related to the seat of government of Montana, and contained substantially the same allegations. The pleadings in the first proceeding, that of Chumasero et al. v. Potts et al., are stated in the opinion of "Wade, C. J. The other applications were filed in open court, and comprised those of Lawrence v. Hiekman, Sanders v. Stcvr and Shober v. Callaway.

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Four applications for the writ of mandate were heard and determined at this term, which related to the seat of government of Montana, and contained substantially the same allegations. The pleadings in the first proceeding, that of Chumasero et al. v. Potts et al., are stated in the opinion of "Wade, C. J. The other applications were filed in open court, and comprised those of Lawrence v. Hiekman, Sanders v. Stcvr and Shober v. Callaway. Hickman, the Territorial treasurer; Star, the Territorial auditor; and Callaway, the secretary and acting governor of the Territory, had their offices in…

1Opinion of the CourtWade, C. J.

This is an application by William Chumasero and John A. Johnston for a peremptory writ of mandate, to issue from this court against B. F. Potts, governor, J. E. Callaway, secretary, and "W. F. Wheeler, marshal, of Montana Territory, to compel the performance by them of certain acts.

*245The petition sets forth, among other things, that the petitioners are electors of said Territory; that they reside at the town of Helena, in the county of Lewis and Clarke, and are there engaged in the practice of law; that in the course of such practice it is necessary for them to make frequent journeys to the…

2Cases cited16 opinions

  1. Osborn v. Bank of United StatesSupreme Court of the United States · 1824
  2. Parsons v. Bedford, Breedlove, & RobesonSupreme Court of the United States · 1830
  3. Kendall v. United States Ex Rel. StokesSupreme Court of the United States · 1838
  4. Riggs v. Johnson CountySupreme Court of the United States · 1868
  5. People ex rel. Case v. CollinsNew York Supreme Court · 1837

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

3Cited by49 opinions

  1. Hill v. RaeMontana Supreme Court · 1916
  2. Asplund v. HannettNew Mexico Supreme Court · 1926
  3. People Ex Rel. Broderick v. . MortonNew York Court of Appeals · 1898
  4. Martin v. InghamSupreme Court of Kansas · 1888
  5. Milligan v. City of Miles CityMontana Supreme Court · 1915

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

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