State ex rel. Heinze v. District Court of the Second Judicial District
Montana Supreme Court
ORIGINAL application by the state, on, tbe relation of Arthur P. Heinze, for a writ of mandate directed to William Clancy, as judge of tbe Second judicial district court. STATEMENT OE THE CASE. Original application on tbe relation of Arthur P. Heinze for a writ of mandate to compel William Clancy, as judge of tbe Second judicial district court, to settle a bill of exceptions-, and also a- statement and bill of exceptions to- be used on motion for a new trial.
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ORIGINAL application by the state, on, tbe relation of Arthur P. Heinze, for a writ of mandate directed to William Clancy, as judge of tbe Second judicial district court. STATEMENT OE THE CASE. Original application on tbe relation of Arthur P. Heinze for a writ of mandate to compel William Clancy, as judge of tbe Second judicial district court, to settle a bill of exceptions-, and also a- statement and bill of exceptions to- be used on motion for a new trial. Tbe facts out of which tbe controversy arises are tbe following: Tbe relator with others-, on August 12, 1899, brought an action in tbe…
1Opinion of the CourtChief Justice Brantly
The answer presents no> material issue of fact. We shall therefore consider the questions raised by the demurrer. These are : (1) Does an appeal lie from the order of January 31st as from, a final judgment within one year from, the date of entry, and, incidentally, was it the duty of the judge to settle the bill of exceptions presented on April 11th? (2) Under the provisions of the statute, does- a motion for a new. trial lie in a proceeding to settle the accounts of a receiver and to fix his compensation ?
1. Section 1122 of the Code of Civil Procedure, as amended by the Act of 1899 (page…
2Cases cited16 opinions
- Trustees v. GreenoughSupreme Court of the United States · 1882
- Hovey v. McDonaldSupreme Court of the United States · 1883
- Williams v. MorganSupreme Court of the United States · 1884
- Sharon v. SharonCalifornia Supreme Court · 1885
- Daniels v. DanielsSupreme Court of Colorado · 1886
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3Cited by27 opinions
- Wells v. ShriverSupreme Court of Oklahoma · 1921
- Mills v. State Board of EqualizationMontana Supreme Court · 1934
- In Re Proceeding to Validate Sutter-Butte By-Pass Assessment Number SixCalifornia Supreme Court · 1923
- Anderson v. EnglehartWyoming Supreme Court · 1909
- State ex rel. Stiefel v. District CourtMontana Supreme Court · 1908
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