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47 Mont. 363

Bailey v. Edwards

Montana Supreme Court

Decided March 27, 1913

Montana Supreme Court · decided 1913-03-27

E. Cheadle, Judge of the Tenth Judicial District, presiding. Action by Leonard) Bailey against Frank J. Edwards. Held: in granting the motion for judgment in favor of defendant, that the identical matter in controversy in this action was involved in the four actions referred to in the testimony and in the judgment-rolls which were offered in evidence, being proceedings in the nature of mandamus proceedtings, wherein the plaintiff and his assignors…

Good law ✅— No negative treatment on recordhow we know

Affirmed · Decided 1913-03-27

How this case has been cited

Cited by 14 later decisions — most recently December 1959

1 federal appellate · 13 state decisions

7019131920193019401950decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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¶1On Rehearing.

MR. JUSTICE SANNER

¶2delivered the opinion of the court.

¶3After a careful consideration of the propositions submitted on rehearing by counsel for appellant, we are convinced that the result reached in the opinion heretofore announced is the right one. Much contention is based upon the use in the opinion of the following language: “There was an offer of proof that the city had exceeded the constitutional limit of indebtedness, but this was rejected, and properly so, for lack of an allegation in the pleadings.” This statement is not literally correct. The trial court did reject the evidence referred to in the first instance for the reason stated, but later caused the record to show that evidence had been received of the fact that the indebtedness of the city was beyond the constitutional limit. However, the remark quoted was made merely in passing. The presence in the record of the fact referred to is not decisive of this appeal. The record) still falls short of establishing a causal connection between the unlawful preclusion alleged, and the loss of emoluments. It still fails to show by competent evidence how the utterly void act of Edwards could produce the result complained of or that the city could not have been made to pay the salaries of appellant and his associates as they accrued. We do not feel that the judgment-roll in the mandamus suits presented in evidence can be considered for any purpose, save that for which they were pleaded, to-wit: that there was adjudicated therein the right of appellant and his associates to the offices in question.

¶4Judgment affirmed.

¶5Affirmed.

Mr. Cheep Justice Brantly and Mr. Justice Holloway concur.
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