Legal Opinion

State ex rel. Maddox v. Kenney

Montana Supreme Court

Decided February 15, 1892PublishedCited by 6 opinions

Original proceeding. Application for a writ of mandate» I. The Act of March 8, 1889 (16th Sess. p. 218), is an “appropriation” within the meaning of the provisions of the Constitution. (§ 34, art. v. and § 10, art. xii.; State v. Kenney, 10 Mont. 533; State v. Kenney, 10. Mont. 485; State v. Hickman, 9 Mont. 370; Ristine v. State, 20 Ind. 328; Carr v. State, 127 Ind. 204; 22 Am.

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Original proceeding. Application for a writ of mandate» I. The Act of March 8, 1889 (16th Sess. p. 218), is an “appropriation” within the meaning of the provisions of the Constitution. (§ 34, art. v. and § 10, art. xii.; State v. Kenney, 10 Mont. 533; State v. Kenney, 10. Mont. 485; State v. Hickman, 9 Mont. 370; Ristine v. State, 20 Ind. 328; Carr v. State, 127 Ind. 204; 22 Am. St. Rep. 624; McCauley v. Brooks, 16 Cal. 28; Proll v. Bunn, 80 Cal. 220; Humbert v. Bunn, 84 Cal. 57.) II. It is contended by the State that though the Act of March 8, 1889, may have been an appropriation, yet it…

1Opinion of the CourtDe Witt, J.

Relator is the reporter of the decisions of the Supreme Court, appointed and acting under the provisions of chapter 114 of the Complied Statutes as amended by the Act of the legislature of March 8, 1889. The law is quoted fully in the ease of the same title, 10 Mont. 533. The respondent is the State auditor. Relator has completed volume 10 of the Supreme Court Reports, and complied with the provisions of the law above referred to. There is due him from the State $2,274. There is no dispute about these facts. The respondent declines to draw his warrant in payment of this amount, on the ground…

2Cases cited3 opinions

  1. Shreveport v. ColeSupreme Court of the United States · 1889
  2. State ex rel. Wade v. KenneyMontana Supreme Court · 1891
  3. State ex rel. Maddox v. KenneyMontana Supreme Court · 1891

3Cited by6 opinions

  1. Higer v. HansenIdaho Supreme Court · 1946
  2. Cutting v. TaylorSouth Dakota Supreme Court · 1892
  3. Dunn v. City of Great FallsMontana Supreme Court · 1893
  4. State ex rel. Gleason v. StewartMontana Supreme Court · 1920
  5. Arey v. LindseySupreme Court of Virginia · 1904

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