Territory ex rel. Tanner v. Potts
Montana Supreme Court
Appeal from Third District, Lewis and Cleurke County. This cause was tried in the court below by "Wade, C. J., on demurrer to the so-called complaint and was appealed from tho judgment sustaining the demurrer.
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Appeal from Third District, Lewis and Cleurke County. This cause was tried in the court below by "Wade, C. J., on demurrer to the so-called complaint and was appealed from tho judgment sustaining the demurrer. The duty sought to be enforced in this action is a purely ministerial one enjoined by act of legislature, and not one belonging in any way to the office of governor. 2 Mon. 256 ; 51 Cal. 328-338. ’ ' The petition or affidavit shows that tho plaintiff is beneficially interested ; the relief sought is against a public officer charged witli performance of a duty enjoined by law ; and that…
1Opinion of the CourtXNowles, J.
This is an application for a writ of mandate, at the instance of the above-named appellant. Tanner, commanding the above-named respondent, Potts, as governor of Montana Territory, to audit and allow a' claim of said Tanner for expenses incurred and for compensation for services, while acting as messenger under the appointment of the said Potts, and required by the warrant issued by him as governor of Montana Territory, to proceed to the State of Ohio and there receive and convey to Montana one Gus. Callahan, who was a fugitive from justice therefrom,- and who had been duly indicted for an…
2Cases cited1 opinion
- Wilson v. WhiteNew York Supreme Court · 1829
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- State ex rel. Weinberg v. Pacific Brewing & Malting Co.Washington Supreme Court · 1899
- State ex rel. State Publishing Co. v. HoganMontana Supreme Court · 1899
- State Ex Rel. Brink v. McCrackenMontana Supreme Court · 1931
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