State Ex Rel. Visser v. State Fish & Game Commission

MR. JUSTICE JOHN C. HARRISON

delivered the Opinion of the Court.

This is an appeal from a judgment entered upon findings of fact and conclusions of law finding that the defendant appellant, State Fish and Game Commission, wrongfully confiscated and sold two elk belonging to plaintiffs and also, from a peremptory writ of mandate which issued, ordering the Commission to pay to plaintiffs the reasonable value of such elk and reasonable attorney’s fees. The lower court proceedings were held in the district court at Bozeman, the presiding judge sitting without a jury.

Early in the morning of January…