Legal Opinion

State ex rel. Nolan v. District Court of First Judicial District

Montana Supreme Court

Decided January 16, 1899No. 1351PublishedCited by 25 opinions

Petition by C. B. Nolan, Attorney General of the State of Montana, for certiorari to the District Court of the First Judicial District, in and for the county of Lewis and Clarke, and Sidney H. Mclntire, Judge thereof. Statement of the case by the Justice delivering the opinion.

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Petition by C. B. Nolan, Attorney General of the State of Montana, for certiorari to the District Court of the First Judicial District, in and for the county of Lewis and Clarke, and Sidney H. Mclntire, Judge thereof. Statement of the case by the Justice delivering the opinion. CERTIORARI — The Attorney General of the State, C. B. Nolan, prays for a writ of review of the action of the District Court of Lewis and Clarke County in denying him the right to appear before a grand jury, and assist the County Attorney of said county in conducting the examination. of witnesses before such grand jury.…

1Opinion of the Court

HUNT, J

The Attorney General of the State is required by the Constitution (Art. VII, Sec. 1) to perform such duties as are prescribed in the Constitution and laws of the State. Inasmuch, however, as there appear to be by the Constitution no powers or duties specifically delegated to that officer whereby he is clothed with supervisory powers over other or inferior legal officers of the State, or any subordinate government therein, or directing him to assist such other and inferior officers in the performance of their duties, we must turn to the laws,'there to ascertain what, if any, such duties…

2Cited by25 opinions

  1. People v. KempleyCalifornia Supreme Court · 1928
  2. State v. TaylorIdaho Supreme Court · 1939
  3. State v. FinchSupreme Court of Kansas · 1929
  4. People v. GibsonSupreme Court of Colorado · 1912
  5. State v. BowlesSupreme Court of Kansas · 1905

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