The people's voice. [volume] (Helena, Mont.) 1939-1969, 1945-01-26
REPORT OF WORK
lin SUPREME
COURT FOR week
DECISIONS:


i January 12th-John H. corcoran v.
State Board of Equalization. Appealed
from Cascade County, Great Falls.
Unanimous opinion of the court pre-
pared by Justice Albert H. Angstman.
Heidi Where the owner of real es-
tate in the City of Great Falls brought
suit to set aside a valuation of his
property, 1t was held that the taxing
authorities had not set the statutorily
required actual cash value" in ac-
cordance with the evidence and that
the district court erred in not direct
ing the defendant board to reduce
the assessed valuation to a figure
consistent with the proof of the actual
cash value.
January 17th-AIice E. Morse V.
John P. Morse. Appealed from Deer
Lodge County Anaconda Unanimous
opinion of the court prepared by Dis
trict Judge A. J. Horsky District
Judges Horsky and R. M. Hattersley
sitting in place of Justices A. H.
Angstman and E. K. Cheadle. who
were not in office at the time the case
was heard
Held: That decree of divorce be
amended SO as to provide what was
actually decided and through mad
vertence and mistake omitted from
the decree.
January 19th-State ex rel. Albert
Thomas v. District Court of Yellow
stone County. Unanimous opinion of
the court prepared by District Judge
Dean King District Judges King and
T. 3. Downey sitting in place of JUS
tees A. H. Angstman and E. K
Cheadle, who were not in office at
the time the case was heard.
Held: Albert Thomas sought re-
count in the sheriff's race in Yellow
stone County. His application for a
recount was denied by the district
court with District Judge Frank p
Leiper sitting. In interpreting the per-
tinent statutes (sections 1881 to
$3.50 the Supreme Court held that
where the statute used the words
that recount may be had when there
is probable cause for believing that
the judges and clerks of election did
number of votes cast for the applicant
in any one or more election precincts"
OF that the judges and clerks of cleo
ton might not have correctly count
ed" etc., that under the latter clause
it was sufficient to but allege that
the votes in the specified precincts
might not have been correctly count
nd hn
Supreme Court on December %, 1914,
and this opinion followed
January 19th-Herman j. Erie v.
Ray L. Vail and the Liquor Control
Board. Appealed from Madison Coun-
ty, Virginia City. Unanimous opinion
of the court prepared by Justice E. K
Cheadle.
Held: Plaintiff who ran a grocery
store at Ennis, was vendor for Liquor
Control Board starting 1884 and end
ing in l941. He brought suit on two
causes of action, first to recover rent
Of his premises which he claimed
were used by the State Board, and,
second, for overtime wages for him
self as vendor. The trial court di-
rected verdict for defendants in first
cause of action (for remit and the jury
found for the defendant on the second
cause of action (for overtime). The
supreme Court affirmed the judge of
he district court, holding that plain
,iff wholly failed to prove an agree
nent either express or implied which
pound the board to pay either rent or
overtime wages.
Prepared and released by:
PETER MELOY, Marshal
Montana Supreme Court