[DOWNLOAD] "State v. Board of County Commrs. Et Al." by Supreme Court of Montana * eBook PDF Kindle ePub Free

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eBook details

• Title: State v. Board of County Commrs. Et Al.
• Author : Supreme Court of Montana
• Release Date : January 06, 1935
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 68 KB

Description

Drainage Districts ? Assessments Against County for Benefit to Highways ? Mandamus to Compel Payment ? Budget Law ? Defect in Parties Defendant ? Assessments in Effect Judgments ? Statutes and Statutory Construction. Drainage Districts ? Statutes ? Counties Liable for Payment of Assessments for Benefits to Highways. 1. Held, in an action by a drainage district created in 1921 under the provisions of sections 7265 to 7364, Revised Codes 1921, to recover assessments made against a county for benefits accruing to its highways from its drainage system, that the Act, as it existed prior to amendment by Chapter 169, Laws of 1929, was broad enough to authorize such assessments, as against the contention that the county could not be held for costs of construction and maintenance unless it owned lands in the district. Statutes and Statutory Construction ? Amendment of Statute not Admission That Statute Amended not Broad Enough to Cover Particular Case. 2. The amendment of a statute is not necessarily a legislative admission that the Act as it originally stood was not broad enough to cover a particular case. Drainage Districts ? Assessments When Approved by Court in Effect Judgments ? Claims Against County Liquidated Claims ? Budget Law. 3. Under section 7357, Revised Codes 1921, assessments made by a drainage district for construction, maintenance, etc., of the improvement become judgments when confirmed by the district court, and when they are levied against a county for benefits accruing to its highways they are liquidated claims which do not require audit by the board of county commissioners; in their payment, however, the provisions of the Budget Law must be observed. Same ? Mandamus Against County to Compel Payment of Assessments ? Parties. 4. In an action by a drainage district to compel a county by writ of mandate to pay assessments against it for benefits to county highways the county clerk and chairman of the board of county commissioners are necessary parties defendant where payment cannot be made in cash and issuance of emergency warrants under the provisions of the Budget Law becomes necessary to make payment. - Page 582 Actions ? Defect of Parties ? Duty of Trial Court. 5. Where necessary parties to a full determination of a cause are not before the district court, it is its duty on its own motion to order them brought in, even though the objection of defect of parties is not raised by defendant by demurrer or answer. Drainage Districts ? Mandamus Against County to Compel Payment of Assessments ? Budget Law ? Erroneous Issuance of Writ. 6. A writ of mandate directing the county commissioners to pay drainage district assessments which in effect were judgments against the county for benefits to its highways, held improper where the county had no funds with which to make payment and the only feasible way to make payment was through the issuance of emergency warrants authorized by the Budget Law; such warrants could only be issued by the county clerk and the chairman of the board, and hence the writ directed the commissioners to do an act which it was beyond their legal power to do, and was therefore of no effect.

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