Mayor of Helena v. United States ex rel. Helena Waterworks Co.
Court of Appeals for the Ninth Circuit
In Error to the Circuit Court of the United States for the District of Montana. This cause comes to this court upon the alleged error of the circuit court of the United States for the district of Montana in awarding a peremptory writ of mandate to compel the payment of a judgment recovered in said circuit court hy .Tames H. Mills, receiver, against the city of Helena, on the 1st day of December, 1897, for the sum of 831,319. It appears from the petition of the defendant in…
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In Error to the Circuit Court of the United States for the District of Montana. This cause comes to this court upon the alleged error of the circuit court of the United States for the district of Montana in awarding a peremptory writ of mandate to compel the payment of a judgment recovered in said circuit court hy .Tames H. Mills, receiver, against the city of Helena, on the 1st day of December, 1897, for the sum of 831,319. It appears from the petition of the defendant in error for a writ of mandamus that the defendant in error is a corporation organized and existing under the laws of the…
1Opinion of the CourtMorrow, Circuit Judge
(after stating the facts as above). It is objected that neither the petition nor the alternative writ show title in the relator. The petition alleges the recovery of the judgment in the United Htates circuit court for the district of Montana in favor of James H. Mills, receiver, but it is not alleged that the judgment has been assigned or transferred to the relator. It ⅛ alleged, however, that the petitioner is beneficially interested in the subject-matter of this proceeding and in the relief demanded as a taxpayer on property situate within the city of Helena, and as an owner and holder of…
2Cases cited13 opinions
- Cromwell v. County of SacSupreme Court of the United States · 1877
- Riggs v. Johnson CountySupreme Court of the United States · 1868
- Board of Com'rs v. PlattCourt of Appeals for the Eighth Circuit · 1897
- Harshman v. Knox CountySupreme Court of the United States · 1887
- Board of Com'rs v. SutliffCourt of Appeals for the Eighth Circuit · 1899
8 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- McCandless v. FurlaudSupreme Court of the United States · 1934
- Jones v. United StatesCourt of Appeals for the Ninth Circuit · 1910
- State ex rel. Smith v. HallWest Virginia Supreme Court · 1923
- International Bldg. Co. v. United StatesCourt of Appeals for the Eighth Circuit · 1952
- Rector v. Suncrest Lumber Co.Court of Appeals for the Fourth Circuit · 1931
4 more not listed; retrieve them via the Exa API.