STATE v. HOLMES

No. 9296.

274 P.2d 611 (1954)

STATE ex rel. MITCHELL, v. HOLMES, State Auditor, et al., Respondents.

Supreme Court of Montana.

Decided January 21, 1954.


Attorney(s) appearing for the Case

Loble and Loble and Mr. Gene A. Picotte, Lester Helena, for appellant.

Arnold H. Olsen, Atty. Gen., Mr. John L. McKeon, Asst. Atty. Gen., for Auditor and Treasurer.

Ralph J. Anderson, Stanley P. Sorenson, Helena, for Montana Legislative Council.

Mr. Anderson, Mr. McKeon and Mr. Lester H. Loble argued orally.


FREEBOURN: Justice.

This is an original proceeding in this court whereby the relator Sam W. Mitchell seeks a writ of injunction to enjoin and restrain the state auditor from approving claims, and issuing warrants therefor, and the state treasurer from paying the same, as made by the eight respondent members of the Thirty-third Legislative Assembly of the State of Montana, assuming to act as the "Montana Legislative Council," and to enjoin and restrain the eight respondent...

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