State ex rel. Bray v. Settles
Montana Supreme Court
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.
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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
- In re O'BrienMontana Supreme Court · 1904
3Cited by3 opinions
- People v. SchafranMichigan Supreme Court · 1912
- State Ex Rel. Stewart v. District CourtMontana Supreme Court · 1936
- State ex rel. Scollard v. Board of Examiners for NursesMontana Supreme Court · 1916