Legal Opinion

Edwards v. County of Lewis & Clark

Montana Supreme Court

Decided March 13, 1917No. 3,805PublishedCited by 24 opinions

Appeal from District Court, Lewis and Clark County; B. Lee Word, Judge. Action by Frank J. Edwards to enjoin the county of Lewis and Clark from issuing certain refunding bonds. Judgment for defendant. Plaintiff appealed. Counties are merely political subdivisions of the state, and are purely auxiliaries of the state.

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Appeal from District Court, Lewis and Clark County; B. Lee Word, Judge. Action by Frank J. Edwards to enjoin the county of Lewis and Clark from issuing certain refunding bonds. Judgment for defendant. Plaintiff appealed. Counties are merely political subdivisions of the state, and are purely auxiliaries of the state. They are clearly not municipal corporations, are only quasi corporations, merely governmental agencies, and do not possess the local legislation and control which are the distinguished characteristics of a municipal corporation. (Kersey v. Neilson, 47 Mont. 132, 140-143, Ann.…

1Opinion of the CourtJustice Holloway

In October, 1915, Lewis and Clark county had outstanding registered warrants against its several funds, aggregating in amount $100,000. Of this amount $32,077.82 represented road warrants issued for work done during 1914 and 1915 prior to June 14, 1915, on the public highways outside of the corporate limits of the city of Helena — the only incorporated city in the county. The board of county commissioners proposed to retire all of this warrant indebtedness by issuing and selling coupon bonds of the county to the like amount without having submitted the question to a vote of the electors, and…

2Cases cited6 opinions

  1. Juilliard v. GreenmanSupreme Court of the United States · 1884
  2. Hersey v. NeilsonMontana Supreme Court · 1913
  3. Hotchkiss v. MarionMontana Supreme Court · 1892
  4. Commonwealth ex rel. Hamilton v. Select & Common CouncilsSupreme Court of Pennsylvania · 1859
  5. Scipio v. WrightSupreme Court of the United States · 1880

1 more not listed; retrieve them via the Exa API.

3Cited by24 opinions

  1. State Ex Rel. Diederichs v. State Highway CommissionMontana Supreme Court · 1931
  2. Great Northern Utilities Co. v. Public Service CommissionMontana Supreme Court · 1930
  3. State Ex Rel. Toomey v. State Board of ExaminersMontana Supreme Court · 1925
  4. Continental Supply Co. v. AbellMontana Supreme Court · 1933
  5. State ex rel. Rankin v. State Board of ExaminersMontana Supreme Court · 1921

19 more not listed; retrieve them via the Exa API.

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