Legal Opinion

State ex rel. Boulware v. Porter

Montana Supreme Court

Decided February 6, 1919No. 4,357PublishedCited by 14 opinions

Mandamus. Original application by the State on the relation of Charles Boulware to compel George P. Porter, State Auditor, to issue a warrant to relator as compensation for services performed by him as a member of the house of representatives.

1Opinion of the CourtJustice Holloway

delivered' the opinion of the court.

This proceeding was submitted upon pleadings which raise no material issues of fact and presents for determination the question: Is the relator entitled, as a matter of right, to compensation for services rendered as a member of the house of representatives in the sixteenth legislative assembly ?

From the record we learn these facts: The county canvassing [1, 2] board declared the relator elected and issued to him a certificate of election. On the opening day of the session he presented his certificate, took the constitutional oath, assumed the duties of his…

2Cases cited4 opinions

  1. State ex rel. Smith v. District CourtMontana Supreme Court · 1914
  2. State ex rel. Ford v. CuttsMontana Supreme Court · 1917
  3. Rasmussen v. Board of County CommissionersWyoming Supreme Court · 1899
  4. State ex rel. Thompson v. KenneyMontana Supreme Court · 1890

3Cited by14 opinions

  1. State ex rel. Biggs v. CorleySupreme Court of Delaware · 1934
  2. In Re JonesSupreme Court of Pennsylvania · 1984
  3. State Ex Rel. Tipton v. EricksonMontana Supreme Court · 1933
  4. State v. RathboneMontana Supreme Court · 1940
  5. State ex rel. Cutts v. HartMontana Supreme Court · 1919

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