Legal Opinion

State ex rel. King v. Second Judicial District Court

Montana Supreme Court

Decided November 26, 1900No. 1536PublishedCited by 37 opinions

Certiorari by the state, on the relation of Silas F. King and others, to the district court of the Second judicial district and the judges thereof. The action of the court was erroneous and in excess of the jurisdiction of the court. (Code of Civil Procedure, Sections 680, 685, 690, 691, 1004, First Ency. PI. & Pr. p. 775, Note 5; Wolsworth v. Johnson, 41 Cal. 61 and 63; Calaveras Co. v. Brochway, 30 Cal. 325; Colliery. Ervin, 3 Mont. 142; Ana. Min.

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Certiorari by the state, on the relation of Silas F. King and others, to the district court of the Second judicial district and the judges thereof. The action of the court was erroneous and in excess of the jurisdiction of the court. (Code of Civil Procedure, Sections 680, 685, 690, 691, 1004, First Ency. PI. & Pr. p. 775, Note 5; Wolsworth v. Johnson, 41 Cal. 61 and 63; Calaveras Co. v. Brochway, 30 Cal. 325; Colliery. Ervin, 3 Mont. 142; Ana. Min. Co. v. B. & B. M. Co. 43 Pac. 924-925, S. C. 17 Mont. 519; Baudry v. Fitch, 47 Cal. 186; Godey v. Godey, 39 Cal. 137; National Bank y. Printep,…

1Opinion of the Court

MR. JUSTICE PIGÓTT

delivered the opinion of the Court.

By the writ of certiorari the plaintiffs seek the judgment of this Court annulling orders of the district court of the county of Silver Bow dissolving a restraining order, dismissing an order to show cause why an injunction pendente lite should not issue, and refusing to issue such injunction, and dismissing the action without prejudice. These orders were made on the 14th day of March, 1900, in the case of King et al. against Maloney et al. then pending in the district court, and numbered 8,418. The complaint in the action was filed on the…

2Cases cited22 opinions

  1. Buckley v. Superior CourtCalifornia Supreme Court · 1892
  2. State ex rel. Bartlett v. Second Judicial District CourtMontana Supreme Court · 1896
  3. Holter Lumber Co. v. Fireman's Fund InsuranceMontana Supreme Court · 1896
  4. Southern California Railway Co. v. Superior CourtCalifornia Supreme Court · 1899
  5. Bennett Bros. v. CongdonMontana Supreme Court · 1897

17 more not listed; retrieve them via the Exa API.

3Cited by37 opinions

  1. State ex rel. Whiteside v. First Judicial District CourtMontana Supreme Court · 1900
  2. Crawford v. PierseMontana Supreme Court · 1919
  3. State Ex Rel. Lay v. District Court, Fourth Judicial DistrictMontana Supreme Court · 1948
  4. State Ex Rel. Mueller v. District CourtMontana Supreme Court · 1930
  5. State Ex Rel. Murphy v. District CourtMontana Supreme Court · 1935

32 more not listed; retrieve them via the Exa API.

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