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STATE EX REL. BROWMAN v. WOOD

No. 12984.

543 P.2d 184 (1975)

STATE of Montana ex rel. Ludwig G. BROWMAN et al., Petitioners and Appellants, v. Dennis WOOD, Justice of the Peace of Missoula County, Montana, Defendant and Respondent. STATE of Montana on Behalf of HELLGATE TOWNSHIP, MISSOULA COUNTY JUSTICE COURT DEPARTMENT NO. 2, Honorable Dennis Wood, J.P., presiding, Plaintiff and Respondent, v. MISSOULA COUNTY BOARD OF COUNTY COMMISSIONERS et al., Defendants and Appellants.

Supreme Court of Montana.

Decided November 24, 1975.

Attorney(s) appearing for the Case

Robert L. Deschamps, III, County Atty., H.V. Dye, Deputy County Atty. (argued), Missoula, for petitioners-appellants.

Julio K. Morales (argued), Douglas G. Skjelset (argued), Missoula, for defendant-respondent.

HASWELL, Justice.

The Missoula County commissioners and auditor appeal from a district court judgment granting a writ of mandate. The writ ordered them to allow and pay a justice court payroll claim for unbudgeted temporary clerical assistance. The district court concluded as a matter of law that Justice of the Peace Dennis Wood had incurred the claim as a necessary and reasonable expense of his office.

On October 8, 1974, Dennis Wood, Justice of the Peace...

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