State ex rel. School Dist. No. 1 of Converse County v. Clay

Decision Date22 November 1890
PartiesSTATE ex rel. SCHOOL DIST. NO. 1 OF CONVERSE COUNTY v. CLAY, County Treasurer, et al
CourtWyoming Supreme Court

Application by school district No. 1 in the county of Converse for mandamus to Charles E. Clay, as treasurer of Converse county, and the board of county commissioners of Converse county. Denied.

Writ denied.

Lacey &amp Van Devanter, for relator.

A. C Campbell, for respondents.

CONAWAY J. GROESBECK, C. J., concurs. MERRELL, J., not having qualified, did not sit in the case.

OPINION

CONAWAY, J.

This is an application for a writ of mandamus running to the defendants, the treasurer and the board of county commissioners of Converse county. The jurisdiction of this court to issue the writ of mandamus is conferred by section 3 of article 5 of the constitution, in the following provisions: "The supreme court shall have original jurisdiction in quo warranto and mandamus as to all state officers, and in habeas corpus. The supreme court shall also have original jurisdiction to issue writs of mandamus, review, prohibition, habeas corpus, certiorari, and other writs necessary and proper to the complete exercise of its appellate and revisory jurisdiction." It is the duty of this court to ascertain from this language and to enforce the intention of the framers of the constitution in formulating and of the people in adopting these provisions, in so far as they relate to mandamus. There is a familiar rule of construction to the effect that general words, followed in the same connection by words of limited and specific application and meaning, are limited in their application to matters of the same nature and character included in the meaning and intent of the specific words. This would seem to be a proper case for the application of this rule. It is reasonably clear that the real and only effect of the provision that "the supreme court shall also have power to issue writs of mandamus, review, prohibition habeas corpus, certiorari, and other writs necessary and proper to the complete exercise of its appellate and revisory jurisdiction," is to confer upon this court power to issue the writs named, including mandamus, only in cases where such writs are found necessary to the complete exercise of such appellate and revisory jurisdiction. If there be any doubt as to the application of the rule cited, there is another well-known and universally recognized rule of construction that would seem to set all doubt at rest. Speaking of the construction of state constitutions, Judge Cooley says: "Every such instrument is adopted as a whole; and a clause which, standing by itself,...

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5 cases
  • Baker v. Paxton
    • United States
    • Wyoming Supreme Court
    • May 8, 1923
    ...as referring to things of the same kind, enumerated in the section. (Sutherland St. Con. 268, People v. Dolan, 5 Wyo. 245; St. v. Clay, 3 Wyo. 393; Baker Comm., 9 Wyo. 51; Rasmusson v. Baker, 7 Wyo. 117.) Implied powers and restraints found in a constitution are a very important part of it.......
  • Ross v. Trustees of University
    • United States
    • Wyoming Supreme Court
    • January 8, 1924
    ... ... to District Court, Albany County; VOLNEY J. TIDBALL, Judge ... Action ... Commissioners of the State of Wyoming, and the Board of ... County ... 7, Secs. 15 and 17, Art. 18, Sec. 1, 3 and 4; 4th ... --Statutory provisions 696, ... to control, lease and dispose of public school lands, ... and Art. 18, Sec. 3 seems to extend ... Cons. 241, 8 Cyc. 730; State v ... Clay, 3 Wyo. 393; State v. Snyder, (Wyo.) 212 ... ...
  • Atchison v. State Corp.. Comm'n
    • United States
    • New Mexico Supreme Court
    • October 25, 1939
    ...as prayed in plaintiff's petition, be controlled through such a writ. State v. True, 26 Wyo. 314, 184 P. 229.” In State ex rel. School District v. Clay, 3 Wyo. 393, 31 P. 409, original jurisdiction of the supreme court in mandamus was invoked against the treasurer and board of county commis......
  • State ex rel. Bennett v. Barber
    • United States
    • Wyoming Supreme Court
    • December 31, 1892
    ...600; N.W. Ins. Co. v. Wilcoxon, 64 Ga. 556; State ex rel. v. Pierce Co., 10 Neb. 476; Wallace v. Helena Elec. Ry. Co., 10 Mont. 24; State v. Clay, 3 Wyo. 393.) The granting of power to the court and the implied of such power on the part of the judges is self executing, so that the former te......
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