State ex rel. Northwestern National Bank v. Dickerman
Montana Supreme Court
Appeal from Eighth Judicial District, Cascade County. Application for writ of mandamus. The writ is granted by Benton, J. Statement of the case by the justice delivering the opinion. This is a proceeding for a writ of mamda/nms.
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Appeal from Eighth Judicial District, Cascade County. Application for writ of mandamus. The writ is granted by Benton, J. Statement of the case by the justice delivering the opinion. This is a proceeding for a writ of mamda/nms. In its affidavit the relator alleges that it is the owner of the following warrant: “No. 2,604. Great Falls, Mont., April 6th, 1895. The treasurer of Cascade county will pay fifteen thousand eight hundred thirty-three and 56-100 dollars to Northwestern National Bank, or order, for moneys advanced on H. S. Bldg., out of any moneys in the treasury to the credit of…
1Opinion of the CourtPemberton, C. J.
The appellant contends that the warrant in controversy is not in legal form. This contention is based upon the fact that the warrant is signed by the chairman and clerk of the board of trustees of the school district in their official capacity, and not by all or a maj ority of the trustees. It is not disputed that the trustees properly audited the claim for which this warrant was issued. For the purpose of raising funds, and for the issuing and sale of bonds to raise funds for the building of school houses, etc., each school district is declared by the law of this state to be a body…
2Cases cited5 opinions
- Argenti v. City of San FranciscoCalifornia Supreme Court · 1860
- Louisiana v. WoodSupreme Court of the United States · 1880
- New Orleans v. ClarkSupreme Court of the United States · 1877
- Read v. PlattsmouthSupreme Court of the United States · 1883
- Brown v. City of AtchisonSupreme Court of Kansas · 1888
3Cited by21 opinions
- State Ex Rel. Nuveen v. GreerSupreme Court of Florida · 1924
- In re PomeroyMontana Supreme Court · 1915
- Jay v. School District No. 1Montana Supreme Court · 1900
- Smith Engineering Co. v. RiceCourt of Appeals for the Ninth Circuit · 1938
- Mutual Benefit Life Insurance v. WinneMontana Supreme Court · 1897
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