Wight v. Board of County Commissioners
Montana Supreme Court
Appeal from Sixth Judicial District, Meagher County. Action by the county surveyor, to recover from the county his expenses while making a survey. Judgment was rendered for the defendant below by Henry, J. Statement of the case by the justice delivering the opinion.
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Appeal from Sixth Judicial District, Meagher County. Action by the county surveyor, to recover from the county his expenses while making a survey. Judgment was rendered for the defendant below by Henry, J. Statement of the case by the justice delivering the opinion. The appellant brought this action against the board of county commissioners of Meagher county to recover for certain expenses laid out by him while making a survey, as county surveyor, upon the order of the county commissioners. The statute in force at that time was section 900, Div. 5, Gen. Laws (Compiled St. 1887), as follows :…
1Opinion of the CourtDe Witt, J.
It is to be observed in the text writers and the decided cases that the courts have held very Closely to the rule that when a certain compensation is allowed by statute there is no authority for allowing anything beyond the provisions of the statute.
It is said by the United States supreme court, in the case of United States v. Shields, 153 U. S. 88: “Fees allowed to public officers are matters of strict law, depending upon the very provisions of the statute. They are not open to equitable construction by the courts, nor to any discretionary action on the part of the officials. ’ ’
We find the…
2Cases cited6 opinions
- United States v. ShieldsSupreme Court of the United States · 1894
- Andrews v. United StatesU.S. Circuit Court for the District of Massachusetts · 1842
- Crocker v. Supervisors of Brown CountyWisconsin Supreme Court · 1874
- Massing v. StateWisconsin Supreme Court · 1861
- Tenney v. StateWisconsin Supreme Court · 1871
1 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Johnson v. BlackSupreme Court of Virginia · 1905
- State Ex Rel. Matson v. O'HernMontana Supreme Court · 1937
- Peterson v. City of ButteMontana Supreme Court · 1912
- Big Hill Coal Co. v. CluttsCourt of Appeals for the Sixth Circuit · 1913