Legal Opinion · Dissent

State Ex Rel. Leonidas v. Larson

Montana Supreme Court

Decided July 14, 1939No. 7,919Published

1Dissent

Me. Justice Stewart:

I dissent. After the original argument I prepared for the court an opinion denying the application for the writ. After the opinion was promulgated, a rehearing was granted and a reargument occurred. I have reviewed the whole matter and I am convinced that the first opinion was correct. The statement of facts and the discussion of the points raised were more elaborate in the original opinion than in the present majority opinion. Therefore, I incorporate the original opinion in this dissent. It was as follows:

“This proceeding was instituted by relator to have annulled an…

2Cases cited9 opinions

  1. Simon v. CraftSupreme Court of the United States · 1901
  2. State ex rel. First Trust & Savings Bank of Billings v. District CourtMontana Supreme Court · 1915
  3. Shekelton v. Toole CountyMontana Supreme Court · 1934
  4. Chicago, Milwaukee, St. Paul & Pacific Railroad v. Fallon CountyMontana Supreme Court · 1933
  5. Gaines v. Van DemarkMontana Supreme Court · 1937

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