State ex rel. Stuewe v. Hindson
Montana Supreme Court
Appeal from District Court, Lewis and Clark County; Lieut. L. Callaway, a Judge of the Fifth Judicial District, presiding. Mandamus by tbe state, on tbe relation of 'William Stuewe, against J. J. Hindson and others, as tbe board of eounty commissioners of Lewis and Clark eounty. Judgment dismissing tbe' proceeding, and relator appeals.
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Appeal from District Court, Lewis and Clark County; Lieut. L. Callaway, a Judge of the Fifth Judicial District, presiding. Mandamus by tbe state, on tbe relation of 'William Stuewe, against J. J. Hindson and others, as tbe board of eounty commissioners of Lewis and Clark eounty. Judgment dismissing tbe' proceeding, and relator appeals. It may be conceded that the general rule, both in this jurisdiction and elsewhere, is that mandamus will not lie to control discretion if exercised honestly and in good faith. Our supreme court has so declared in the case of State ex rel. Eaves v. Rickards, 16…
1Opinion of the CourtJustice Holloway
On September 5, 1911, the board of county commissioners of • Lewis and Clark county caused to be published a notice, calling for bids for the care of the poor sick and infirm of the county for the period of two years from October 15, 1911. The notice concluded as follows: “The right to reject any and all bids is expressly reserved.” In answer to this notice, four bids were submitted, as follows: William Stuewe, $3 per capita per week; Jacob Doerr, $3.08 per capita per week; Bert Coty, $3.20 per capita per week; and William Holbrook, $3.25 per capita per week. On September 30, after the time…
2Cases cited13 opinions
- Commonwealth ex rel. Snyder v. MitchellSupreme Court of Pennsylvania · 1876
- Donovan v. McDevittMontana Supreme Court · 1907
- Anderson v. Public SchoolsSupreme Court of Missouri · 1894
- State ex rel. Robert Mitchell Furniture Co. v. TooleMontana Supreme Court · 1901
- Kelly v. City of ChicagoIllinois Supreme Court · 1871
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3Cited by38 opinions
- Grant v. MichaelsMontana Supreme Court · 1933
- Milligan v. City of Miles CityMontana Supreme Court · 1915
- State v. RathboneMontana Supreme Court · 1940
- State ex rel. Duggan v. District CourtMontana Supreme Court · 1922
- Johnson v. CRADDOCKOregon Supreme Court · 1961
33 more not listed; retrieve them via the Exa API.