State ex rel. Rankin v. Martin
Montana Supreme Court
Appeal from District Court, Valley County; C. E. Comer, Judge. Proceeding by tbe State, on the relation of Wellington D. Rankin, Attorney General, against Frank H. Martin to declare the forfeiture of a ferry franchise. Judgment for plaintiff and defendant appeals.
1Opinion of the CourtChief Justice Callaway
In a proceeding brought by the attorney general for that purpose, the district court entered a decree declaring forfeited a ferry franchise which the county commissioners of Valley county had some time granted to the defendant. Defendant moved for a new trial, which being denied he appealed to this court.
*3941. The first, and a difficult, question is whether the complaint states facts sufficient to constitute a cause of action.
Counsel for defendant insist that the action is a proceeding in the nature of quo wwrcwito under our statute and therefore is an action at law, while those for plaintiff…
2Cases cited15 opinions
- Raymond v. BlancgrassMontana Supreme Court · 1908
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- Cobban v. HecklenMontana Supreme Court · 1902
- Cummings v. Reins Copper Co.Montana Supreme Court · 1910
- Copenhaver v. Northern Pacific Railway Co.Montana Supreme Court · 1911
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3Cited by10 opinions
- Anderson v. BorderMontana Supreme Court · 1926
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- Gilcrest v. BowenMontana Supreme Court · 1933
- Montana Auto Finance Corp. v. Federal Surety Co.Montana Supreme Court · 1929
- Biering v. RinglingMontana Supreme Court · 1927
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