Legal Opinion

State ex rel. Bray v. Settles

Montana Supreme Court

Decided October 29, 1906No. 2,326PublishedCited by 3 opinions

Appeal from District Court, Lewis and Clark County; J. M. Clements, Judge. Mandamus by the state, on relation of M. H. Bray, to compel W. M. G. Settles, as county treasurer of Lewis and Clark county, to issue a liquor license to relator. From a judgment dismissing the proceedings, he appeals. It was not the intention of the legislature that these petitions for liquor licenses should be presented every six months.

Read the full summary

Appeal from District Court, Lewis and Clark County; J. M. Clements, Judge. Mandamus by the state, on relation of M. H. Bray, to compel W. M. G. Settles, as county treasurer of Lewis and Clark county, to issue a liquor license to relator. From a judgment dismissing the proceedings, he appeals. It was not the intention of the legislature that these petitions for liquor licenses should be presented every six months. In construing a statute all of the language should be given effect if possible. (State ex rel. Knight v. Gave, 20 Mont. 468, 52 Pac. 200. See, likewise, Perkins v. Guy, 2 Mont. 15;…

1Opinion of the CourtChief Justice Brantly

Mandamus. On or before September 9, 1905, the appellant (relator) “filed and presented to the board of county commissioners” of Lewis and Clark county a petition signed by twenty freeholders residing in the village of Wolf Creek in said county, asking that a license be issued to him permitting him to carry on the business of a retail liquor dealer at Wolf Creek for six months, said "village having a population of less than one hundred. After considering the petition, the board ordered the county treasurer to issue the license, and that officer did so under *451date of September 9,1905, upon…

2Cases cited1 opinion

  1. In re O'BrienMontana Supreme Court · 1904

3Cited by3 opinions

  1. People v. SchafranMichigan Supreme Court · 1912
  2. State Ex Rel. Stewart v. District CourtMontana Supreme Court · 1936
  3. State ex rel. Scollard v. Board of Examiners for NursesMontana Supreme Court · 1916

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API