Legal Opinion

State ex rel. Cutts v. Hart

Montana Supreme Court

Decided December 10, 1919No. 4,051PublishedCited by 17 opinions

Appeal from the District Court of Lewis and Clark County; W. H. Doorman, Judge. Mandamus proceedings by the State on the relation of William Cutts against H. L. Hart, as state treasurer, to compel payment of a warrant issued to relator in payment of mileage and per diem as member of tbe bouse of representatives pursuant to appointment to fill a vacancy caused by death.

1Opinion of the CourtJustice Huruy

Relator instituted mandamus proceedings against H. L. Hart, state treasurer, to enforce payment of a warrant issued to relator as and for salary as a member of the house of representatives of the fifteenth session.

On or about February 7, 1917, Jerry J. Flannigan, a [1] member of the house, elected from Silver Bow county, died, and thereupon the governor issued to relator a commission to fill the Vacancy caused by the death of Flannigan, no election having been had to fill the vacancy, and on such date relator was seated as a member of such house and continued as a member thereof. At the close…

2Cases cited16 opinions

  1. People Ex Rel. Sherwood v. State Board of CanvassersNew York Court of Appeals · 1891
  2. People Ex Rel. Corscadden v. . HoweNew York Court of Appeals · 1904
  3. McCue v. County of WapelloSupreme Court of Iowa · 1881
  4. Sheridan v. City of St. LouisSupreme Court of Missouri · 1904
  5. People ex rel. Culbertson v. PotterCalifornia Supreme Court · 1883

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3Cited by17 opinions

  1. State v. Eaton, Lieutenant Gov.Montana Supreme Court · 1943
  2. State ex rel. Duggan v. District CourtMontana Supreme Court · 1922
  3. State Ex Rel. School District No. 29 v. CooneyMontana Supreme Court · 1936
  4. Appalachian Power Co. v. WilsonSupreme Court of Virginia · 1925
  5. Davis v. WilsonSupreme Court of Arkansas · 1931

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