[Download] "Nepstad v. East Chicago Oil Assn." by Supreme Court of Montana # eBook PDF Kindle ePub Free
eBook details
- Title: Nepstad v. East Chicago Oil Assn.
- Author : Supreme Court of Montana
- Release Date : January 01, 1934
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 63 KB
Description
COUNTIES, County Commissioners, Budget Act, Issuance of Emergency Warrants without Giving Notice of Public Hearing — STATUTES, Ejusdem Generis Rule, Purpose of, Application of — APPEAL AND ERROR, Assignments of Error, when Deemed Waived — WORDS AND PHRASES, "mandatory expenditures required by law". 1. Statutes — Doctrine of ejusdem generis. The doctrine of ejusdem generis is one of construction and means that where an enumeration of specific things is followed by some Page 375 more general word or phrase, such general phrase is to be held to refer to things of the same kind as those enumerated. 2. Statutes — Application of doctrine of ejusdem generis. Before the doctrine of ejusdem generis can have application the general words must be associated with special words, and such terms as "other" or "other things", when preceded by specific enumeration, are commonly given a restricted meaning, and are limited to articles of the same nature as those previously described. 3. Statutes — Doctrine not invoked to defeat legislative intent. The doctrine of ejusdem generis must not be invoked to defeat intent of legislature, but to elucidate its words and effectuate its intent, and it does not entitle a court to confine operation of a statute within narrower limits than intended by legislature. 4. Counties — Emergency warrant — Notice. Under statute authorizing issuance of emergency warrant without notice of public hearing upon the occurrence of certain specific catastrophic events, or to meet "mandatory expenses required by law", the quoted words were not associated with specific words enumerating the different calamities, and emergency warrants to meet mandatory expenses did not have to arise out of the mentioned calamities and could be issued without giving notice of public hearing. 5. Constitutional Law — Construction renders budget act of no effect. If conclusion that under statute the county commissioners may, without public hearing, adopt resolution stating facts constituting an emergency, and may thereafter make expenditures necessary to meet mandatory expenses required by law, renders County Budget Act of no force and effect, the remedy lies with legislative assembly and furnishes no authority to the court to rewrite the statute. 6. Appeal and Error — Effect of absence of argument on assignment of error. That court erred in not permitting plaintiffs to file amended complaint after demurrers were sustained, was waived in absence of argument in their brief in support of assignment of error and in absence of oral argument.