State ex rel. Little v. District Court
Montana Supreme Court
Petition by the state, on the relation of Howard Little, for a writ of prohibition against the district court of the first judicial district of the state, in and for the county of Lewis and Clark, and J. Miller Smith, a judge thereof, consolidated with a petition by the state, on the relation of A. H. McConnell, county attorney, for a writ of certiorari to the same court, and J. M. Clements, the other judge thereof.
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Petition by the state, on the relation of Howard Little, for a writ of prohibition against the district court of the first judicial district of the state, in and for the county of Lewis and Clark, and J. Miller Smith, a judge thereof, consolidated with a petition by the state, on the relation of A. H. McConnell, county attorney, for a writ of certiorari to the same court, and J. M. Clements, the other judge thereof. Prohibition denied, and proceedings attacked by certiorari held void.
1Opinion of the CourtJustice Holloway
On March 10, 1905, the" district court of the first judicial district of Montana, Judges Henry C.- Smith and J. M. Clements presiding, made and promulgated a code of rules for the government of the practice in that court, and which further assumed to apportion the business of the court between the judges. Rule 1 divided the court into two departments, designated, respectively, department 1 and department 2. Rule 2 provided: “All criminal causes and matters of a criminal nature are hereby assigned to department 1.”
On February 7, 1914, Hon. J. Miller Smith, the presiding judge in department No.…
2Cases cited2 opinions
- Montana Ore Purchasing Co. v. Boston & Montana Consolidated Copper & Silver Mining Co.Montana Supreme Court · 1902
- State ex rel. Nissler v. DonlanMontana Supreme Court · 1905
3Cited by10 opinions
- State Ex Rel. Clark v. BaileyMontana Supreme Court · 1935
- Deich v. DeichMontana Supreme Court · 1958
- State Ex Rel. Garvey v. BucknerSupreme Court of Missouri · 1925
- Rowan v. Gazette Printing Co.Montana Supreme Court · 1923
- State Ex Rel. MacNish v. LandwehrSupreme Court of Missouri · 1933
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