State ex rel. First National Bank v. Heath
Montana Supreme Court
Appeal from District Court, Stillwater County; A. P. Stark, Judge. Original application for writ of prohibition by the State, on the relation of the First National Bank of Molt, against Warren Heath and others, as the Board of Review for Big Lake Drainage District No. 1, Stillwater County, and H. M. Ray, as Drain Commissioner of said County. From a judgment quashing an alternative writ, relator appeals.
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Appeal from District Court, Stillwater County; A. P. Stark, Judge. Original application for writ of prohibition by the State, on the relation of the First National Bank of Molt, against Warren Heath and others, as the Board of Review for Big Lake Drainage District No. 1, Stillwater County, and H. M. Ray, as Drain Commissioner of said County. From a judgment quashing an alternative writ, relator appeals. Chapter 147, Laws of 1915, is practically identical with the drainage law of Michigan, as contained in Howell’s Annotated Statutes, second edition, sections 3376 et seq. In White-ford v.…
1Opinion of the CourtJustice Matthews
Appeal from a judgment quashing alternative writ of prohibition. On April 7, 1920, the relator filed in the district court of the county of Stillwater its duly verified petition for a writ of prohibition. The return to the alternative writ joins issue solely on questions of law, and under it all matters properly pleaded in the petition are admitted.
From the petition it appears that the “Big Lake drainage district No. 1” was duly organized under the provisions of Chapter 147, Laws of 1915, that the statute was complied with in the subsequent steps taken, and that, after the drain commissioner…
2Cases cited12 opinions
- Erickson v. Cass CountyNorth Dakota Supreme Court · 1903
- Oliver v. Monona CountySupreme Court of Iowa · 1902
- Brown v. City of Grand RapidsMichigan Supreme Court · 1890
- Smith v. CarlowMichigan Supreme Court · 1897
- Washoe Copper Co. v. HickeyMontana Supreme Court · 1899
7 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- In Re McCueMontana Supreme Court · 1927
- Western Drug v. GosmanMontana Supreme Court · 1962