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2 Mont. 585

Higgins v. Edwards

Montana Supreme Court

Decided January 15, 1877

Montana Supreme Court · decided 1877-01-15

This action was brought to recover the principal and interest of certain warrants of Missoula county, drawn upon the general fund. The answer denied that Higgins, the owner of the warrants, was entitled to any interest. Knowles, J., rendered judgment against the county for the principal and interest claimed in the complaint.

Decided 1877-01-15

"Wade, C. J.

¶1Do county warrants bear interest? This is the only question in this case.

¶2On January 11, 1872, the following statute was enacted by the legislative assembly: “No county warrants issued after the passage of this act shall bear interest.” Cod. Sts. 638, § 1.

¶3On the following day the same assembly enacted this statute: “ That all county warrants heretofore drawn, or that may hereafter be drawn, by the proper authorities of any county, shall, after having been presented to the county treasurers of the respective counties of this Territory, and by them indorsed, not paid for want of funds in the treasury, from and after said date of presentation and indorsement, shall draw interest at the rate of ten per cent per annum.” Ood. Sts. 480, § 10.

¶4The act approved January 12,1872, in express terms repealed all acts or parts of acts in conflict therewith, and the statute approved January 11, 1872, was repealed by the statute approved January 12, 1872. Cod. Sts. 554, § 1. The act, approved January 12, 1872, is in force and county warrants draw interest at the foregoing rate, after they have been duly presented for payment and indorsed for non-payment.

¶5Judgment affirmed.

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