State Ex Rel. Smith v. District Court

On the 20th day of June, 1941, Wilbur Johnson filed in the District Court of the Ninth Judicial District for Glacier County an instrument entitled “Application for Perpetuation of Testimony.” This application stated that the applicant expected to be a party to an action in which the relators would be adverse parties; that he expected to prove that relator J. W. Smith is the owner or manager of a certain store, with power to contract respecting it, and that the store was operated between certain dates with a profit, and finally that he was entitled to one-fourth (]4th) of the profits. He…