State Ex Rel. St. George v. Justice Court of Silver Bow Township

In the briefs there is much “argument about it and about,” but, cut down to the core, this proceeding arose out of an attempt to restrain by writ of prohibition a justice of the peace from proceeding further in an unlawful detainer action in which he had issued an alias summons, the original summons having been declared void in State ex rel. St. George v. Justice Court, 80 Mont. 53, 257 Pac. 1034. In that proceeding the remittitur was filed with the clerk of the district court on September 6, 1927, and on that day the district court issued the writ of prohibition as it was commanded.

In the…