Legal Opinion

State ex rel. Rankin v. Martin

Montana Supreme Court

Decided October 9, 1923No. 5,283PublishedCited by 10 opinions

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

  1. Raymond v. BlancgrassMontana Supreme Court · 1908
  2. Merchants' National Bank v. GreenhoodMontana Supreme Court · 1895
  3. Cobban v. HecklenMontana Supreme Court · 1902
  4. Cummings v. Reins Copper Co.Montana Supreme Court · 1910
  5. Copenhaver v. Northern Pacific Railway Co.Montana Supreme Court · 1911

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

3Cited by10 opinions

  1. Anderson v. BorderMontana Supreme Court · 1926
  2. Atkinson v. Roosevelt CountyMontana Supreme Court · 1924
  3. Gilcrest v. BowenMontana Supreme Court · 1933
  4. Montana Auto Finance Corp. v. Federal Surety Co.Montana Supreme Court · 1929
  5. Biering v. RinglingMontana Supreme Court · 1927

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

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