State ex rel. Donlan v. Board of Commissioners
Montana Supreme Court
Appeal from District Court, Sanders County; B. Lee McCullough, Judge. Mandamus by Edward Donlan to compel tbe board of county commissioners to issue to him warrants in a certain amount in payment of a bridge. From a judgment for defendants, relator appeals.
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Appeal from District Court, Sanders County; B. Lee McCullough, Judge. Mandamus by Edward Donlan to compel tbe board of county commissioners to issue to him warrants in a certain amount in payment of a bridge. From a judgment for defendants, relator appeals. No express grant of power is to be found in our Codes authorizing boards of county commissioners to purchase private bridges (as distinguished from toll-bridges). The right of the commissioners to make the contract here involved must be resolved by a determination of whether there is such authority to be found in their “implied powers.”…
1Opinion of the CourtJustice Sanner
Mandamus by Edward Donlan, the relator and appellant, to compel the board of county commissioners of Sanders county to issue to him county warrants to the amount of $9,791.42 in payment for a bridge. In his amended affidavit for the writ the relator averred: That prior to March 10, 1913, he was the sole OAvner and entitled to the possession of a certain wagon bridge across the Flathead river near Perma, in the county of Sanders, which bridge ‘ ‘ as finally constructed, united certain divided portions of a public highAvay”; that for sometime prior to March 10, 1913, negotiations had been…
2Cases cited1 opinion
- State ex rel. Foster v. RitchMontana Supreme Court · 1914
3Cited by17 opinions
- State v. RathboneMontana Supreme Court · 1940
- Kelly v. WallaceMontana Supreme Court · 1998
- State Ex Rel. Powell v. State BankMontana Supreme Court · 1931
- State Ex Rel. Clark v. BaileyMontana Supreme Court · 1935
- State Ex Rel. City of Billings v. OstenMontana Supreme Court · 1931
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