State ex rel. Malin-Yates Co. v. Justice of the Peace Court
Montana Supreme Court
Appeal from. District Court, Yellowstone County; Geo. W. Pearson, Judge. Action in a justice’s court by the Malin-Yates Company against Frank C. Andrews, on promissory notes. A writ of attachment was issued, the attachment discharged on motion of defendant, and from an order annulling the order discharging the attachment on certiorari, defendant justice of the peace appeals.
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Appeal from. District Court, Yellowstone County; Geo. W. Pearson, Judge. Action in a justice’s court by the Malin-Yates Company against Frank C. Andrews, on promissory notes. A writ of attachment was issued, the attachment discharged on motion of defendant, and from an order annulling the order discharging the attachment on certiorari, defendant justice of the peace appeals. The petition for a writ of certiorari is fatally defective for failure to allege any facts showing that the justice’s court exceeded its jurisdiction. (6 Cyc. 784.) A statement that the inferior court was without…
1Opinion of the CourtJustice Holloway
In 1914 the Malin-Yates Company, a corporation, commenced an action in the justice of the peace court at Billings, against Frank C. Andrews, to recover $210 represented by certain promissory notes. A writ of attachment was issued and property belonging to defendant seized. Upon motion of defendant the court discharged the attachment, and this proceeding was thereupon instituted by the plaintiff to secure a review of the order. Upon consideration of the record duly certified to it, the district court annulled the order discharging the attachment, and from that judgment this appeal is…
2Cases cited9 opinions
- Sanford v. Gates, Townsend & Co.Montana Supreme Court · 1898
- In re MettlerMontana Supreme Court · 1915
- State v. District Court of the Third Judicial DistrictMontana Supreme Court · 1907
- Silver Bow Mining & Milling Co. v. LowryMontana Supreme Court · 1887
- Heinbockle v. ZugbaumMontana Supreme Court · 1885
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3Cited by15 opinions
- Barth v. ElyMontana Supreme Court · 1929
- Franzke v. Fergus CountyMontana Supreme Court · 1926
- Butler v. PetersMontana Supreme Court · 1922
- Valier Co. v. StateMontana Supreme Court · 1950
- Jenkins v. First National BankMontana Supreme Court · 1925
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