State ex rel. Hall v. District Court of the Fifth Judicial District
Montana Supreme Court
Original application by Amos C. Hall and others for writ . of prohibition to restrain the district court of the fifth judicial district, and Honorable Lew L. Callaway, judge thereof, from proceeding to try an appeal from a justice of the peace court. Writ issued.
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Original application by Amos C. Hall and others for writ . of prohibition to restrain the district court of the fifth judicial district, and Honorable Lew L. Callaway, judge thereof, from proceeding to try an appeal from a justice of the peace court. Writ issued. The relators contend that by reason of the fact that no copy -of the notice of appeal was served upon them or their attorneys on the day or after the notice was filed with said justice, no appeal of said cause was ever taken or perfected. (Courtright v. Berkins, 2 Mont. 404; Johnson Co. Sav. Bank v. Joe Klaffki Co., 26 Mont. 384, 68…
1Opinion of the CourtJustice Holloway
In August, 1905, an action was commenced in the justice of the peace court of Union township, Madison county, by Amos C. Hall et al. against J. H. Owen et al. By agreement the venue was changed to Hot Springs township, where the cause was tried, a verdict returned in favor of the plaintiffs, and judgment entered on the verdict on November 28, 1905. On December 1st a notice of appeal was served bn counsel for plaintiffs, and on December 4th this notice was filed in the justice of the peace court. The transcript of the justice’s docket and the papers in the case were lodged with the clerk of…
2Cases cited24 opinions
- Daniels v. DanielsSupreme Court of Colorado · 1886
- Coker v. Superior CourtCalifornia Supreme Court · 1881
- Buffendeau v. EdmondsonCalifornia Supreme Court · 1864
- Hall v. Superior CourtCalifornia Supreme Court · 1885
- Hastings v. HalleckCalifornia Supreme Court · 1858
19 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Jenkins v. CarrollMontana Supreme Court · 1910
- Berry v. City of HelenaMontana Supreme Court · 1919
- State Ex Rel. Bartol v. Justice of the Peace CourtMontana Supreme Court · 1936
- Burgess v. LasbyMontana Supreme Court · 1933
- State Ex Rel. Bullard v. District CourtMontana Supreme Court · 1930
6 more not listed; retrieve them via the Exa API.