Legal Opinion

State ex rel. City of Cut Bank v. McNamer

Montana Supreme Court

Decided March 6, 1922No. 4,958PublishedCited by 13 opinions

Appeal from District Court, Glacier County; John J. Greene, Judge. Mandamus by tbe State, on tbe relation of tbe City of Cut Bank, against Bruce R. McNamer, Treasurer of Glacier County. Peremptory writ denied, and plaintiff appeals. Mr. Wellington D. Rankin, Attorney General, Mr. L. A. Foot, Assistant Attorney General, and Mr. Wiley J. Shannon, County Attorney of Glacier County, submitted a brief; Mr. Foot argued the cause orally.

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Appeal from District Court, Glacier County; John J. Greene, Judge. Mandamus by tbe State, on tbe relation of tbe City of Cut Bank, against Bruce R. McNamer, Treasurer of Glacier County. Peremptory writ denied, and plaintiff appeals. Mr. Wellington D. Rankin, Attorney General, Mr. L. A. Foot, Assistant Attorney General, and Mr. Wiley J. Shannon, County Attorney of Glacier County, submitted a brief; Mr. Foot argued the cause orally. Tbe relator cannot, by a proceeding in mandamus, recover tbe balance of tbe taxes due it out of tbe aliquot part of tbe other political subdivisions of tbe state,…

1Opinion of the Court

MR. COMMISSIONER HORSKY

prepared the opinion for the court.

This proceeding was commenced in the district court of Glacier county by the plaintiff to procure a writ of mandate to compel the defendant to pay over to the plaintiff forthwith the sum of $9,599.85, city taxes collected by him for the city of Cut Bank in said county, in his capacity as county treasurer.

The city of Cut Bank has never provided by ordinance for the collection of taxes levied by such city by its city treasurer, and it therefore became the duty of the county treasurer of Glacier county to collect them. During the year…

2Cases cited10 opinions

  1. The People Ex Rel. Dannat v. . ComptrollerNew York Court of Appeals · 1879
  2. People Ex Rel. Martin v. . BrownNew York Court of Appeals · 1873
  3. Campbell v. County of PolkSupreme Court of Iowa · 1856
  4. City of Lansing v. Van GorderMichigan Supreme Court · 1872
  5. State ex rel. Voight v. HoeflingerWisconsin Supreme Court · 1872

5 more not listed; retrieve them via the Exa API.

3Cited by13 opinions

  1. City of Bisbee v. Cochise CountyArizona Supreme Court · 1934
  2. State Ex Rel. School District No. 4 v. McGrawMontana Supreme Court · 1925
  3. State Ex Rel. School District No. 29 v. CooneyMontana Supreme Court · 1936
  4. Covington v. Basich Bros. Const. Co.Arizona Supreme Court · 1951
  5. State Ex Rel. Clark v. BaileyMontana Supreme Court · 1935

8 more not listed; retrieve them via the Exa API.

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