State ex rel. Hickey v. District Court
Montana Supreme Court
Application by the state, on the relation of Edward Hickey, as administrator of Michael A. Hickey, deceased, and others, for a writ of prohibition against the district court of the Second Judicial District in and for the county of Silver Bow and one of its judges. “A formal order is not always required to set aside a judgment by default. Any act of the court inconsistent therewith may operate to vacate the judgment.”
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Application by the state, on the relation of Edward Hickey, as administrator of Michael A. Hickey, deceased, and others, for a writ of prohibition against the district court of the Second Judicial District in and for the county of Silver Bow and one of its judges. “A formal order is not always required to set aside a judgment by default. Any act of the court inconsistent therewith may operate to vacate the judgment.” (6 Ency. of PL & Pr. 160; Watson v. Harris, 65 Tex. 61; Pirn v. St. Louis, 122 Mo. 655, 27 S. W. 525; Hestres v. Clements, 21 Cal. 425; Sawtelle v. Muncy, 116 Cal. 435, 48 Pae.…
1Opinion of the CourtJustice Holloway
In June, 1905, the Washoe Copper Company commenced an action in the district court of Silver Bow county against Michael A. Hickey and others to recover damages for trespasses upon certain real property and for an injunction to prevent the repetition of the trespasses. In its" complaint the- plaintiff *501alleges that it is the owner and entitled to the possession of lots 12, 13, and 14, of block 12, Leggat & Foster’s addition to the city of Butte, together with all the lodes, leads and minerals within each and all of said lots; that the defendants have theretofore trespassed upon the premises,…
2Cases cited8 opinions
- Talbott v. Butte City Water Co.Montana Supreme Court · 1903
- People ex. rel. Mabley v. Judge of the Superior CourtMichigan Supreme Court · 1879
- Palmer v. McMasterMontana Supreme Court · 1888
- People ex rel. Attorney General v. MurphyIllinois Supreme Court · 1886
- Gregory v. HaynesCalifornia Supreme Court · 1863
3 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Waite v. Shoemaker & Co.Montana Supreme Court · 1915
- Beller v. Le BoeufMontana Supreme Court · 1915
- Rose v. MeyerIllinois Supreme Court · 1938
- Gray v. HallCalifornia Supreme Court · 1928