Wilcox v. Deer Lodge County
Montana Supreme Court
Appeal from Seconds District, Deer Lodge Qou/nfy. The writ of mandate was issued by Ectowles, J. Municipal corporations act in a political character and exercise a part of tbe sovereignty of tbe State, and in a private character in wbicb they exercise powers for tbe benefit of then’ citizens. Cooley on Taxation, § 482. The legislature has no power to make a county pay or assume a debt of another.
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Appeal from Seconds District, Deer Lodge Qou/nfy. The writ of mandate was issued by Ectowles, J. Municipal corporations act in a political character and exercise a part of tbe sovereignty of tbe State, and in a private character in wbicb they exercise powers for tbe benefit of then’ citizens. Cooley on Taxation, § 482. The legislature has no power to make a county pay or assume a debt of another. Hampshire v. FramMim, 16 Mass. 76 ; Rich-land, v. Lanorence, 12 Ill. 1; Cooley on Taxation, 484 et seq. Courts will not enforce such a law, if passed. It is not upon a rightful subject of…
1Opinion of the CourtWade, C. J.
On February 11, 1876, the legislative assembly enacted the following statute:
“ Sec. 1. That the board of county commissioners of Deer Lodge county are hereby authorized and required to issue to the following named persons, them heirs or assigns, warrants on the general fund of said county to reimburse said parties for labor done, materials furnished, and moneys expended in the construction of the wagon road leading from Deer Lodge city to Pioneer city in said county of Deer Lodge, constructed under the supervision of John J.- Dounhouer, in such sums as may hereafter be found due them as…
2Cases cited3 opinions
- Sinton v. AshburyCalifornia Supreme Court · 1871
- Beals v. Bd. of Supervisors of Amador Cty.California Supreme Court · 1868
- Sullivan v. MooreSupreme Court of South Carolina · 1912
3Cited by7 opinions
- In re O'BrienMontana Supreme Court · 1904
- City of Billings v. HeroldMontana Supreme Court · 1956
- State ex rel. Rocky Mountain Bell Telephone Co. v. Mayor of Red LodgeMontana Supreme Court · 1904
- State v. Livingston Concrete Building & Manufacturing Co.Montana Supreme Court · 1906
- French v. County of Lewis and ClarkMontana Supreme Court · 1930
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