State ex rel. Mitchell v. Holmes

MR. JUSTICE FREEBOURN:

This is an original proceeding in this court whereby the relator Sam W. Mitchell seeks a writ of injunction to enjoin and restrain the state auditor from approving claims, and issuing warrants therefor, and the state treasurer from paying the same, as made by the eight respondent members of the Thirty-third Legislative Assembly of the State of Montana, assuming to act as the “Montana Legislative Council,” and to enjoin and restrain the eight respondent members of such Legislative Assembly from acting as such council.

It is the contention of the relator that the…