State ex rel. Knight v. Cave
Montana Supreme Court
Appeal from District Court, Missoula County. Frank II. Woody, Judge. Action by the State of Montana, on the relation of E. C. Knight, against Alfred Cave, as treasurer of Missoula county, for mandamus to compel the paym ent of a school warrant. An alternative writ was issued, to which defendant demurred, and the court, overruling the demurrer, rendered judgment awarding a peremptory writ, from which defendant appeals.
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Appeal from District Court, Missoula County. Frank II. Woody, Judge. Action by the State of Montana, on the relation of E. C. Knight, against Alfred Cave, as treasurer of Missoula county, for mandamus to compel the paym ent of a school warrant. An alternative writ was issued, to which defendant demurred, and the court, overruling the demurrer, rendered judgment awarding a peremptory writ, from which defendant appeals. Statement of the case by the justice delivering the opinion. The relator taught in the public schools of District No. 1, of Missoula county, for the month ending December 3,…
1Opinion of the CourtPigott, J.
—Appellant concedes that the tax was duly levied and collected for the purpose specified in the ballot, and that the purpose was sufficiently expressed. The only question submitted by this appeal is whether money raised by a tax levied under the provisions of Section 1940b, page 134, Laws 1897, for the purpose of furnishing additional school facilities, may be used to pay salaries of teachers. The answer to the question depends upon the scope of the expression ‘ ‘additional school facilities, ’ ’ as employed in the section. Unless these words are sufficiently broad to comprehend teachers, it…
Also in this document: Concurrence.
2Cases cited2 opinions
- Hedges v. County Commissioners of Lewis & Clarke CountyMontana Supreme Court · 1882
- State v. JohnsonMontana Supreme Court · 1898
3Cited by18 opinions
- United States Jaycees v. McClureSupreme Court of Minnesota · 1981
- Mashak v. PoelkerSupreme Court of Missouri · 1963
- Hilburn v. St. Paul, M. & M. Railway Co.Montana Supreme Court · 1899
- Burk v. Montana Power Co.Montana Supreme Court · 1927
- Missouri, K. T. Ry. Co. of Tex. v. St.Court of Appeals of Texas · 1925
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