State ex rel. Journal Publishing Co. v. Kenney
Montana Supreme Court
Appeal from First Judicial District, Lewis and Clarice County. Relator’s petition for a writ of mandate was denied by Hunt, J. The court below based its action upon the fact that the last legislature failed to make any appropriation, and that this case falls within section 34, article v. of the Constitution. In this we think the court erred. It is the plain duty of the auditor to issue a warrant to the relator for the performance of this work. (Comp.
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Appeal from First Judicial District, Lewis and Clarice County. Relator’s petition for a writ of mandate was denied by Hunt, J. The court below based its action upon the fact that the last legislature failed to make any appropriation, and that this case falls within section 34, article v. of the Constitution. In this we think the court erred. It is the plain duty of the auditor to issue a warrant to the relator for the performance of this work. (Comp. Stats, p. 1094, § 1636; p. 960, § 1122.) Appellant’s contract is executed in pursuance of the statute. (Comp. Stats, p. 1091, § 1626.) The mine…
1Opinion of the CourtBlake, C. J.
This is an appeal from the order of the 'c-ourt below, denying the application ol the- relator for a writ of man*394date, to compel the auditor of the State to draw his warrant on the treasurer of the State in payment of an account. The affidavit which accompanies the application is not controverted, and recites the following facts: The Journal Publishing Company entered March 11, 1889, into a contract with the Territory of Montana to do all the printing therefor which is required by law. The account of the printing and advertising done by this company for the inspector of mines, an officer of…
2Cases cited14 opinions
- Marbury v. MadisonSupreme Court of the United States · 1803
- Reeside v. WalkerSupreme Court of the United States · 1851
- Ristine v. State ex rel. Board of Commissioners of the Sinking FundIndiana Supreme Court · 1863
- Swann v. BuckMississippi Supreme Court · 1866
- Stratton v. GreenCalifornia Supreme Court · 1872
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3Cited by12 opinions
- State ex rel. Bonner v. DixonMontana Supreme Court · 1921
- State Ex Rel. Toomey v. State Board of ExaminersMontana Supreme Court · 1925
- Mills v. StewartMontana Supreme Court · 1926
- State ex rel. Robert Mitchell Furniture Co. v. TooleMontana Supreme Court · 1901
- Scroggie v. Scarborough, State TreasurerSupreme Court of South Carolina · 1931
7 more not listed; retrieve them via the Exa API.